Barth v. County of Apache

Decision Date10 January 1917
Docket NumberCivil 1489
Citation162 P. 62,18 Ariz. 439
PartiesISAAC BARTH, Appellant, v. COUNTY OF APACHE, Appellee
CourtArizona Supreme Court

APPEAL from a judgment of the Superior Court of the County of Apache. Carl G. Krook, Judge. Appeal dismissed.

Mr Isaac Barth, in pro. per.

Messrs Clark, Tascher & Clark and Mr. Fred W. Nelson and Mr. Gilbert E. Greer, County Attorney, for Appellee.

OPINION

CUNNINGHAM, J.

The appellant in his brief recites as follows:

"That thereafter Judge Krook, sitting in the place of Judge Ling of the superior court, at Holbrook, in Navajo county, Arizona took evidence in the matter, and heard the evidence in the matter of the amount due from appellee to appellant, and entered an order permanently and perpetually enjoining appellant from collecting, demanding or enforcing the said indebtedness, or claim upon which the judgment was rendered."

The minute entries of the nineteenth day of December, 1914, recite that this cause came on for hearing on that date pursuant to an order of the court made on the eighteenth day of December, 1914, designating said nineteenth day of December, 1914, as the day for trial, of which the parties had due notice; that the plaintiff offered testimony and submitted the cause, no evidence having been offered by the defendant. And "the court, having fully considered and being duly advised, now considers that the temporary injunction hereinbefore issued be, and the same is hereby, made perpetual; that the defendant, Isaac Barth, take nothing by virtue of the judgment rendered against Apache county and in his favor on the third day of July, 1913, in the case. . . ."

We may consider the statement made by appellant as intended by him to have reference to the judgment rendered by the court on the nineteenth day of December, 1914, as recited in the record.

The record discloses that on the twenty-second day of June, 1915, the appellant gave the following notice of appeal:

"Notice is hereby given that the above-named defendant, Isaac Barth, appeals to the supreme court of the state of Arizona from the judgment rendered in this court in the above entitled cause on the twenty-ninth day of December, 1914, in favor of the above-named county of Apache, plaintiff, and against the said Isaac Barth, defendant, and from the whole thereof."

The appeal bond was filed on the same day with said notice of appeal. The bond recites that:

"Whereas the above-named defendant, Isaac Barth, is about to take an appeal from the judgment of the superior court of the county of Apache, state of Arizona, heretofore, on the twenty-sixth day of December, 1914, rendered in the above-entitled cause wherein the said county of Apache is plaintiff and Isaac Barth is defendant, said judgment being in favor of said plaintiff and against the defendant, and the said defendant, Isaac Barth, desires to appeal from said judgment to the supreme court of the state of Arizona."

The condition is, "if the said Isaac Barth shall prosecute his appeal" in the usual form.

We find no notice of appeal from the judgment rendered by the superior court in and for Navajo county on the nineteenth day of December, 1914; nor do we find an appeal bond describing such judgment, as to the date of rendition.

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17 cases
  • Arizona Podiatry Ass'n v. Director of Ins.
    • United States
    • Arizona Supreme Court
    • December 22, 1966
    ...Com'n v. Pacific Motor Truck Co., 83 Ariz. 135, 317 P.2d 562; Ross v. Industrial Commission, 82 Ariz. 9, 307 P.2d 612; Barth v. Apache County, 18 Ariz. 439, 162 P. 62. The right to appeal is a creature of statute because such was unknown at common law. It is obviously the prerogative of a l......
  • Associates Finance Corp. v. Scott, 2
    • United States
    • Arizona Court of Appeals
    • February 25, 1966
    ...statutory, and to give the Supreme Court jurisdiction, terms and requirements of statute must be strictly complied with. Barth v. Apache County, 18 Ariz. 439, 162 P. 62; Vol. 2, Am.Jur., Appeal & Error, section 6. * * * * * * 'This rule is definite and explicit in its requirements. It requi......
  • S. H. Kress & Co. v. Superior Court of Maricopa County, 4978
    • United States
    • Arizona Supreme Court
    • June 23, 1947
    ... ... is under the Workmen's Compensation Act, for the right to ... appeal is by statute only, Barth v. Apache County, ... 18 Ariz. 439, 162 P. 62, and the only appeal given from an ... award of the Commission is by Sec. 56-972, A.C.A.1939: ... ...
  • State v. Airesearch Mfg. Co., Inc.
    • United States
    • Arizona Supreme Court
    • May 23, 1949
    ... ... Appeal ... from Superior Court, Maricopa County; Dudley W. Windes, ... Proceeding ... for income tax refund by Airesearch Manufacturing ... It is elemental that the right of appeal does not ... exist except by statutory grant. Barth v. Apache ... County, 18 Ariz. 439, 162 P. 62; Duncan v. Superior ... Court, 65 Ariz. 193, 177 ... ...
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