Legal Opinion

Butler v. Va Sant

Arizona Supreme Court

Decided October 4, 1961No. 6929Published

1Opinion of the Court

STRUCKMEYER, Chief Justice.

This is an appeal from an order of the Superior Court of Maricopa County granting defendant-appellee’s motion to dismiss the action. There are two reasons why there is no alternative but to dismiss the appeal.

First, the order of the court below is not an order enumerated in A.R.S. § 12-2101 upon which an appeal can be based. The defendant below made a motion to dismiss upon the grounds that plaintiff failed to state a claim upon which relief can be granted and that the court lacked' jurisdiction over the subject matter. The court below by minute' order granted…

2Cases cited12 opinions

  1. Thornburg v. FryeArizona Supreme Court · 1934
  2. Meloy v. Saint Paul Mercury Indemnity Co.Arizona Supreme Court · 1951
  3. Tidwell v. RiggsArizona Supreme Court · 1950
  4. In Re Hesse's EstateArizona Supreme Court · 1947
  5. Chesley v. JonesArizona Supreme Court · 1956

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