Legal Opinion

Yates v. Russell

Arizona Supreme Court

Decided May 21, 1919No. Civil No. 1677PublishedCited by 4 opinions

APPEAL from a judgment of the Superior Court of the county of Maricopa. R. O. Stanford, Judge.

1Opinion of the CourtRoss, J.

This is an action in replevin for an Interstate touring ear, brought by J. P. Yates, as plaintiff, against iWilliam P. Russell, as defendant.

As defenses to the action, defendant set forth in his answer: (1) That plaintiff was not the real party in interest, hut only the agent of the real party in interest, to wit, the Orient Insurance Company. (2) “Denies expressly and specifically that he is in the possession of said automoble unlawfully.” *340(3) Denies that demand for possession was made before suit was brought. By his cross-complaint he asserts he is the owner and entitled to the possession…

2Cases cited4 opinions

  1. Sroufe v. Soto Bros.Arizona Supreme Court · 1896
  2. Leon v. Citizens' Building & Loan Ass'nArizona Supreme Court · 1912
  3. Ayers v. Green Gold Mining Co.California Supreme Court · 1897
  4. McQuale v. North American Smelting Co.Supreme Court of Pennsylvania · 1904

3Cited by4 opinions

  1. Kelsoe v. GrouskayArizona Supreme Court · 1950
  2. Consolidated National Bank v. CunninghamArizona Supreme Court · 1922
  3. Simpson v. ShawArizona Supreme Court · 1951
  4. Simpson v. ShawArizona Supreme Court · 1951

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