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(DOWNLOAD) "Cordoba v. George Wiswall" by Arizona Court of Appeals No. 2 CA-CIV 119 " eBook PDF Kindle ePub Free

Cordoba v. George Wiswall

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eBook details

  • Title: Cordoba v. George Wiswall
  • Author : Arizona Court of Appeals No. 2 CA-CIV 119
  • Release Date : January 29, 1967
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Appellant filed suit in superior court, Cochise County, against appellee and certain other named defendants, children of the decedent, seeking a declaratory judgment in his favor as to the proceeds of the sale of stock which had comprised part of the decedent's estate. (The suit was subsequently dismissed with prejudice as to one of decedent's children.) After dismissal of plaintiff's complaint for failure to join indispensable parties, with leave to amend, an amended complaint was filed naming appellee, decedent's two children, decedent's grandchildren and the guardian ad litem for minor grandchildren as defendants. Prior to the case coming at issue as to all parties, the appellee-executor moved for summary judgment which was granted. Judgment was entered decreeing that neither the decedent's estate nor appellee as executor thereof were liable to appellant. This appeal followed. We are constrained to repeat an oft reiterated precept concerning our duty to raise the question of our jurisdiction to entertain an appeal. See Ginn v. Superior Court, In and for County of Pima, 1 Ariz. App. 455, 404 P.2d 721 (1965); Searles v. Haldiman, 3 Ariz. App. 294, 413 P.2d 860 (1966); Pegler v. Sullivan, 4 Ariz. App. 149, 418 P.2d 395 (1966). Our jurisdiction is circumscribed by statute, and with certain exceptions not pertinent here, is limited to appeals from final judgments. A.R.S. Γ‚§ 12-2101 as amended.


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