(DOWNLOAD) "Beltran V. Roll" by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Beltran V. Roll
- Author : Arizona Supreme Court
- Release Date : January 26, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
LOCKWOOD, J. On the twenty-ninth day of April, 1931, Jose Beltran, hereinafter called plaintiff, filed a suit in replevin in the superior court of Yuma county against Jack Roll, hereinafter called defendant, seeking to recover the possession of certain mesquite wood. Summons was issued and duly served upon defendant on April 30, 1931, in Yuma county. On May 22d, defendant not having appeared or answered, plaintiff filed his praecipe for default, which was on that date entered by the clerk. Thereafter and on May 29th, plaintiff appeared in court and offered evidence in support of the complaint, at the conclusion of which judgment was rendered in his favor for the possession of the property described in the complaint, or for the value thereof, fixed by the court at the sum of $1,500, in case delivery could not be had. Thereafter and on June 12th, defendant served on plaintiff a motion to set aside the judgment, supported by affidavits of Donald B. Wisener, clerk of the court, M. O. Kimbrough, deputy clerk, and defendant and Glenn Copple, his attorney. The motion to vacate the judgment and set aside the default was submitted on the affidavits, and the court made an order granting the motion, whereupon plaintiff appealed from such order to this court.