Moynahan v. Fritz

STRUCKMEYER, Chief Justice.

One Anthony Fritz, plaintiff in the court below, instituted an action against defendants, Moynahan and Cohen. They, prior to the service of their answer, applied ex parte for and received leave to serve third party defendants pursuant to the Arizona Rules of Civil Procedure, Rule 14(a). Third party defendants, Clemans Brothers Cattle Company, Inc., Clemans Cattle Company, Inc., W. J. Clemans and M. T. Clem-ans, thereafter filed a motion to vacate the order granting leave to implead on the grounds that they did not come within the terms of Rule 14(a). The motion was…