Arizona Mining & Trading Co. v. Benton
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. The reply of appellee to the proposed answer should have been stricken out. The court is not to try and decide upon the facts set up by way of defense, or to determine whether the defense will ultimately prevail.
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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 reply of appellee to the proposed answer should have been stricken out. The court is not to try and decide upon the facts set up by way of defense, or to determine whether the defense will ultimately prevail. Joerns v. La Nica, 75 Iowa, 705, 38 N. W. 129; 23 Cyc. 964; Black on Judgments, sec. 348; Freeman on Judgments, sec. 109. The president of a corporation has no implied power to confess judgment against the…
1Opinion of the Court
KENT, O. J. —
Benton brought suit in the court below against the Arizona Mining and Trading Company on a promissory note for $18,242.05 alleged to have been executed to him by the company, and to be due and owing from it. The summons was served on C. A. Overlook, the president of the defendant company, on May 12, 1908, and on the same day a pleading entitled an answer, verified by the said Overlook, as president of the company, was filed on its behalf, reading as follows, omitting the title of the court and cause: “Comes now the defendant, the Arizona Mining and Trading Company, a corporation,…
2Cases cited4 opinions
- Brower v. NellisIndiana Court of Appeals · 1893
- Adams v. Cross Wood Printing Co.Appellate Court of Illinois · 1888
- Raub v. Blairstown Creamery Ass'nSupreme Court of New Jersey · 1893
- Puget Sound National Bank v. LevyWashington Supreme Court · 1895
3Cited by7 opinions
- Lynch v. Arizona Enterprise Mining Co.Arizona Supreme Court · 1919
- Beltran v. RollArizona Supreme Court · 1932
- Martin v. SearsArizona Supreme Court · 1935
- Garden Development Co. v. CarlawArizona Supreme Court · 1928
- Haenichen v. WorthingtonCourt of Appeals of Arizona · 1969
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