Lewis v. Cunningham
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Cochise. Fletcher M. Doan, Judge. The facts are stated in the opinion.
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APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Cochise. Fletcher M. Doan, Judge. The facts are stated in the opinion. The court never obtained jurisdiction of the defendant, for the reason that the copy of the complaint and summons was served upon the defendant by one George Bravin, as an individual, and not by a constable of Cochise County, as is provided by paragraph 1319 of the Revised Statutes of Arizona of 1901. Where the statute prescribes a particular method of serving mesne process, that method must be followed. Amy v. Water-town…
1Opinion of the CourtKent, C. J.
This is an action against the sheriff of Cochise County, to recover the value of certain property alleged to have been wrongfully seized by the sheriff, and for damages for the alleged wrongful detention thereof. The summons was served upon the sheriff by a disinterested person, on August 29, 1903. No appearance or answer having been filed, the default of the defendant was entered on September 30, 1903. On December 22, 1903, the case came on regularly for trial, and the defendant not appearing, evidence was introduced to sustain the plaintiff’s claim, and judgment entered for the plaintiff…
2Cases cited6 opinions
- Turner v. Threshing MacHine Co.Supreme Court of North Carolina · 1903
- Copper King v. JohnsonArizona Supreme Court · 1904
- O'Connell Bros. v. Friedman, Keiler & Co.Supreme Court of Georgia · 1903
- Texas Fire Insurance v. BerryCourt of Appeals of Texas · 1903
- Simon v. HengelsAppellate Court of Illinois · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sandoval v. ChenowethArizona Supreme Court · 1967
- Avery v. Calumet & Jerome Copper Co.Arizona Supreme Court · 1930
- Sandoval v. ChenowethArizona Supreme Court · 1967