Powers v. Superior Court of Santa Cruz County

• Decision Date: 26 January 1914
• Docket Number: Civil 1357
• Citation: 138 P. 21,15 Ariz. 275
• Parties: FRANK POWERS and JOSEPHINE POWERS, Petitioners, v. SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent
• Court: Arizona Supreme Court

138 P. 21

15 Ariz. 275

FRANK POWERS and JOSEPHINE POWERS, Petitioners, v. SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent

Civil No. 1357

Supreme Court of Arizona

January 26, 1914

Original petition for writ of certiorari. Denied.

The facts are stated in the opinion.

Mr. Owen T. Rouse, for Petitioners.

No appearance for Respondent.

OPINION

PER CURIAM.

The writ is asked for on the ground that the petitioners have no remedy by an appeal; the matter not being within the appellate jurisdiction of this court. On this ground the petition must be denied. Tyler v. District Court, 14 Ariz. 6, 123 P. 315; State ex rel. v. Sapp, ante, p. 24, 135 P. 718.

If the cause be one within our appellate jurisdiction, which we do not decide, the petitioners do not contend, nor does an inspection of the petition disclose, that the issuance of the writ is either necessary or proper for the complete exercise of such jurisdiction. In causes within the appellate jurisdiction of this court, the writ may issue wherever necessary and proper for the complete exercise of such jurisdiction. Ariz. Const., art. 6, sec. 4. The case before us does not come within such provision. The petition for the writ must be denied. It is so ordered.