Nosal v. Collett

This is an opinion and order granting rehearing. A rereading of Miller v. Corning Glass Works, 102 Ariz. 326, 429 P.2d 438 (1967), has convinced the two judges who had concurred in the majority opinion previously released, 446 P.2d 950, that their decision is not the law of this state. Miller flatly holds that an affidavit on information and belief, filed to correct deficiencies in an affidavit pertaining to substituted service, is ineffective. (102 Ariz. 330, 429 P.2d 438.) The strict construction accorded Rule 4(e), as amended, Rules of Civil Procedure, 16 A.R.S., by this decision of our…