Turner v. Franklin
Arizona Supreme Court
ERROR to tlie District Court of tlie Second Judicial District in and for the County of Santa Cruz. Eugene A. Tucker, Judge. From a judgment in favor of plaintiff, defendants bring error. The facts are stated in the opinion. There was not a sufficient service upon the Surety Company under paragraph 414 of the Revised Statutes of 1901, and the court acquired no jurisdiction over it.
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ERROR to tlie District Court of tlie Second Judicial District in and for the County of Santa Cruz. Eugene A. Tucker, Judge. From a judgment in favor of plaintiff, defendants bring error. The facts are stated in the opinion. There was not a sufficient service upon the Surety Company under paragraph 414 of the Revised Statutes of 1901, and the court acquired no jurisdiction over it. City Council of Alexandria v. Fairfax, 95 U. S. 774, 24 L. Ed. 583; Southern Bldg. & Loan Assoc, v. Hallum, 59 Ark. 583, 28 S. W. 420; City of Watertown v. Robinson, 69 Wis. 230-233, 34 N. W. 139; Continental Ins.…
1Opinion of the CourtDoan, J.
This cause is brought to this court on a writ of error from the district court of Santa Cruz County by the plaintiffs in error, who were the defendants in that court. An action was brought by the defendant in error, O. K. Franklin, against the plaintiffs in error, Thomas J. Turner, as sheriff of Santa Cruz County, and The United States Fidelity and Guaranty Company, as surety on his official bond, to recover damages for the alleged loss sustained through the negligence of the deputy of the defendant sheriff in failing to properly levy a writ of attachment in a suit by the said Franklin…
2Cases cited5 opinions
- Putnam v. PutnamArizona Supreme Court · 1890
- Tietjen v. SneadArizona Supreme Court · 1890
- Greer v. RichardsArizona Supreme Court · 1890
- County of Maricopa v. OsbornArizona Supreme Court · 1895
- Lemon & McCabe v. WardArizona Supreme Court · 1890
3Cited by4 opinions
- Town of Flagstaff v. GomezArizona Supreme Court · 1921
- Miami Copper Co. v. StrohlArizona Supreme Court · 1913
- Fay v. HarrisArizona Supreme Court · 1945
- Pickthall v. SteinfeldArizona Supreme Court · 1909