Baxter v. Harrison

JOHNSON, Justice.

This is a suit for damages under the wrongful death act, § 31-102, A.C.A.1939, A.R.S. § 12-612, brought by the mother and father of decedent. The complaint alleged that the appellants, plaintiffs below, prosecuted the action as personal representatives of the decedent for the benefit of the persons who would be entitled to distribution of the personal estate of the decedent under the law of descent and distribution of the State of Arizona. The appellees, defendants below, filed an answer which did not raise the issue of the capacity of plaintiffs to sue by a specific negative…