Brandt v. Scribner
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fourth Judicial District, in and for Maricopa County. Edward Kent, Judge.
1Opinion of the CourtDoe, J.
The only question presented by this appeal is whether appellant was bound by the decree in the partition suit. Counsel for appellant advance the theory that the court, by sustaining the generál demurrer to the complaint in the partition suit, held that no cause of action was stated by the complaint, and that in consequence no constructive notice was imparted to him until after the amendment, at the date of which his rights under the mortgage had become fixed and determined. In most of the numerous cases holding that, where a cause of action is for the first time stated by the amendment, the…
2Cases cited17 opinions
- Bank v. ShermanSupreme Court of the United States · 1880
- Tilton v. CofieldSupreme Court of the United States · 1876
- McDougald v. HuletCalifornia Supreme Court · 1901
- Wells Fargo Bank, N.A. v. Superior Court of L.A. Cty.California Supreme Court · 2000
- Center v. P. & M. BankSupreme Court of Alabama · 1853
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3Cited by9 opinions
- Stewart v. FaheyCourt of Appeals of Arizona · 1971
- Richey v. Western Pacific Development Corp.Court of Appeals of Arizona · 1984
- Tucson Estates, Inc. v. Superior CourtCourt of Appeals of Arizona · 1986
- Brandt v. MeadeArizona Supreme Court · 1915
- Brandt v. MeadeArizona Supreme Court · 1915
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