Legal Opinion · Concurrence

State Compensation Fund v. Foughty

Court of Appeals of Arizona

Decided November 19, 1970No. 1 CA-IC 472Published

1ConcurrenceJacobson, Judge

(specially concurring).

I concur in the result.

In this case, both the complaint and judgment were couched in such language as to require the State Compensation Fund to present further testimony showing exactly upon what basis the judgment was entered. This is unlike the complaint and judgment in State Compensation Fund v. Reed, 12 Ariz.App. 317, 470 P.2d 465 (1970) (review denied) where the exact grounds upon which the annulment was based were ascertainable from the complaint and judgment. The Fund in this case failed to show exactly upon what basis the trial court entered its judgment and…

2Cases cited5 opinions

  1. Southern Pacific Co. v. Industrial CommissionArizona Supreme Court · 1939
  2. Hallford v. Industrial CommissionArizona Supreme Court · 1945
  3. State Compensation Fund v. ReedCourt of Appeals of Arizona · 1970
  4. Taylor v. TaylorNew York Supreme Court · 1943
  5. Williams v. WilliamsNew York Supreme Court · 1947

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