[DOWNLOAD] "City Of Phoenix V. Johnson" by Arizona Supreme Court ~ Book PDF Kindle ePub Free

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eBook details

• Title: City Of Phoenix V. Johnson
• Author : Arizona Supreme Court
• Release Date : January 10, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Defendant filed a plea in bar which in substance alleged that plaintiffs had in the year 1932 assigned any cause of action which they had or might thereafter have as a result of the operation of defendant's sewer system to C. C. Howell and Mary E. Howell; that the latter had brought suit against the City of Phoenix, setting up, in substance, all the matters which plaintiffs herein allege in the present action; and that all of the issues of the Howell action had been found in favor of defendant, and judgment rendered thereon, which judgment had never been appealed from and was still in force and effect. The defendant also answered, admitting the building and operation of the sewer system, but denying all the other allegations of the complaint. Plaintiffs demurred to the plea in bar, which demurrer was by the court sustained, and the case went to trial before a jury on the complaint and the general denial. Defendant endeavored at a number of times during the progress of the case to raise the question of res adjudicata by the Howell suit and assignment above referred to, but any evidence in regard to that was consistently ruled out by the trial court. The jury returned a general verdict in favor of plaintiffs, in the sum of $1,000, whereupon this appeal was taken.

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