Kemble v. Stanford, 6911
| Decision Date | 02 December 1959 |
| Docket Number | No. 6911,6911 |
| Citation | 86 Ariz. 392,347 P.2d 28 |
| Parties | George C. KEMBLE, Trustee, Petitioner, v. Honorable R. C. STANFORD, Jr., Judge of the Superior Court, Maricopa County, State of Arizona, Respondent. |
| Court | Arizona Supreme Court |
Johnston & Gillenwater, Phoenix, for petitioner.
Wilson & Wilson, Phoenix, and Jerry Giesler, Beverly Hills, Cal., for respondent.
The petitioner, George C. Kemble, seeks a writ of prohibition ot restrain the respondent court and the Honorable R. C. Stanford, Jr., one of the judges thereof, from enforcing one of its orders. This is a companion case to Cause No. 6910, Porter v. Stanford, ---- Ariz. ----, 347 P.2d 35. The facts therein stated need not be repeated. Those stated in this case are intended to be supplementary in nature. The order which the petitioner, George C. Kemble, seeks to prohibit the superior court from enforcing is precisely the same as the one sought to be prohibited in the Porter case hereinabove referred to.
Unlike the petitioners in Cause No. 6910, petitioner Kemble did not intervene in the trial of the case in Maricopa County from which the order complained of issued. Instead, Mr. Kemble, as plaintiff, and the defendant, William Arnold Porter by his attorney Wesley E. Polley, appeared before the Superior Court of Cochise County. There, a judgment in the amount of $135,575.25 was procured against William Arnold Porter individually. Then an order was issued by that court charging the interest of the defendant in the Arizona Hotel property with the amount of that judgment, the theory being that the defendant was a copartner in a partnership which owned that property. The complaint, answer, judgment and charging order were all filed and procured on the 25th day of May, 1959. No notice of these proceedings was given to Gladys E. Porter or her attorneys. On the following day, May 26, 1959, the petitioner recorded a certified copy of his charging order in the office of the county recorder of Maricopa County.
By his petition in this court, Mr. Kemble takes the position that the lien which he acquired by reason of the charging order which issued from the Superior Court of Cochise County is superior to any lien which may have been created in favor of Gladys E. Porter by the respondent court of Maricopa County. The petitioner asserts that if the respondent court is not prohibited from enforcing the order complained of, he will be deprived of property without due process of law.
That the respondent court had jurisdiction to enter the order complained of has been dealt with in sufficient detail in Cause No. 6910, the companion case of the instant one. All that remains for us to decide is whether the petitioner, Mr. Kemble, has presented a question which would compel our issuance of a writ of prohibition on his behalf.
Petitioner claims that his charging order is prior to any lien...
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Porter v. Porter, 7594
...363, 403 P.2d 298. The history of this protracted litigation is detailed in the Court of Appeals decision as well as Kemble v. Stanford, 86 Ariz. 392, 347 P.2d 28; Porter v. Stanford, 86 Ariz. 402, 347 P.2d 35, cert. den. 371 U.S. 829, 83 S.Ct. 23, 9 L.Ed.2d 66 and Kemble v. Porter, 88 Ariz......
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Porter v. Wilson, 22516.
...to plaintiffs' motion for summary judgment and the following published opinions of the Idaho and Arizona courts. Kemble v. Stanford, 86 Ariz. 392, 347 P.2d 28 (1959); Porter v. Stanford, 86 Ariz. 402, 347 P.2d 35 (1959); Kemble v. Porter, 88 Ariz. 417, 357 P.2d 155 (1960); Porter v. Porter,......
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Porter v. Porter
...the Superior Court from enforcing this order. The alternative writs of prohibition were quashed in the case of Kemble v. Stanford, 86 Ariz. 392, 347 P.2d 28 (1959), and Porter v. Stanford, 86 Ariz. 402, 347 P.2d 35 (1959). As a result of the opinion in the case of Kemble v. Stanford, op. ci......
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Wilson, In re
...history of which may be found in Porter v. Porter, 1 Ariz.App. 363, 403 P.2d 298, vacated, 101 Ariz. 131, 416 P.2d 564; Kemble v. Stanford, 86 Ariz. 392, 347 P.2d 28; Porter v. Stanford, 86 Ariz. 402, 347 P.2d 35, cert. den. 371 U.S. 829, 83 S.Ct. 23, 9 L.Ed.2d 66; and Kemble v. Porter, 88 ......