City of Phoenix v. Wilson, Civil 4092

• Decision Date: 02 October 1939
• Docket Number: Civil 4092
• Citation: 94 P.2d 434,54 Ariz. 139
• Parties: CITY OF PHOENIX, a Municipal Corporation, Appellant, v. HARVEY T. WILSON, Appellee
• Court: Arizona Supreme Court

94 P.2d 434

54 Ariz. 139

CITY OF PHOENIX, a Municipal Corporation, Appellant, v. HARVEY T. WILSON, Appellee

Civil No. 4092

Supreme Court of Arizona

October 2, 1939

APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge. (For former opinion, see ante, p. 100, 92 P.2d 524.)

On motion for rehearing. Motion granted.

Mr. Hess Seaman, City Attorney, Wm. C. Fields and Mr. Eli Gorodezky, his Assistants, for Appellant.

Mr. George M. Sterling, for Appellee.

OPINION

LOCKWOOD, J.

The legal questions involved in this case are the same as those in the case of City of Phoenix v.. R. F. Kidd, ante, p. 123, 94 P.2d 428, just decided.

For the reasons set forth in that case, it is ordered that the judgment be reversed and the case remanded with instructions to the trial court to permit the parties to amend their pleadings, and to take an accounting in accordance with the principles expressed in City of Phoenix v. Kidd, supra, and to render judgment accordingly.

ROSS, C.J., concurs.

McALISTER, J., dissents.