New York Life Insurance v. Phelps

The petitioner, New York Life Insurance Company, prosecuted an appeal from the justice court of West Phoenix precinct to the superior court of Maricopa county, and the latter, Honorable M. T. PHELPS presiding, refused to take jurisdiction and dismissed the appeal on the ground that no appeal bond had been filed as provided by law. The petitioner, contending that the bond on appeal was sufficient, applied to this court for a writ of man date directing the respondent to reinstate the appeal and to proceed to try and determine the cause on its merits, alleging that it has no other remedy.

The…