Hallas v. Evans

KELLY, Superior Judge.

For the second time the subject matter of the litigation between these parties has come before this court. The earlier case has been reported in 64 Ariz. 142, 167 P.2d 94, and reference is made thereto for such of the facts as are not mentioned herein. In the prior appeal two subjects were presented and passed upon — one procedural, which is of no present concern, and one as to whether the offered pleading presented a justiciable question under the form of the action before the court. Upon this latter point it may be noted that the tendered defense was not before the…