State v. McCarrell

PHELPS, Justice.

This is an appeal from an order of the superior court of Apache County denying defendant’s motion to set aside a default judgment against the defendant, state of Arizona.

Plaintiffs brought an action under chapter 27, article 14, A.C.A.1939 (sections 12-1101 to 12-1104, A.R.S.1956) to quiet title to certain real property situated in Apache County. The property involved was at all times herein mentioned, occupied by the Arizona Highway Department. Summons was served on the attorney general on behalf of the state. No summons or copy of the complaint was served upon any other…