Campbell v. Frazer Construction Co.
Court of Appeals of Arizona
1Opinion of the Court
MOLLOY, Chief Judge.
We are again presented with the question of how much “discretion” a trial court has in setting aside a default and a default judgment.
In this action, the defendants, Frazer Construction Company, an Arizona corporation, and James Frazer, an individual, were served on December 12, 1967, with process in an action seeking damages from breach of contract and for negligence. The manner of service was personal delivery of a copy of the summons and complaint by a process server, in pursuance of 4(d), Rules of Civil Procedure, 16 A.R.S. The place of service was in Tucson, Arizona.
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2Cases cited14 opinions
- Preston v. DenkinsArizona Supreme Court · 1963
- Marquez v. Rapid Harvest Co.Arizona Supreme Court · 1965
- Eaton Fruit Co. v. California Spray-Chemical Corp.Arizona Supreme Court · 1967
- Schering Corporation v. CotlowArizona Supreme Court · 1963
- Marquez v. Rapid Harvest Co.Arizona Supreme Court · 1965
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3Cited by2 opinions
- Burroughs v. Bob Martin CorporationSupreme Court of Oklahoma · 1975
- Campbell v. Frazer Construction Co.Court of Appeals of Arizona · 1969