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(DOWNLOAD) "Johnnie Van Meter Austin V. State" by Arizona Court of Appeals # Book PDF Kindle ePub Free

Johnnie Van Meter Austin V. State

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eBook details

  • Title: Johnnie Van Meter Austin V. State
  • Author : Arizona Court of Appeals
  • Release Date : January 15, 1969
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

This is an appeal from an order denying defendants' motion to set aside default and default judgment. On April 6, 1965, the plaintiff-appellee, State of Arizona, filed an action in eminent domain. In conjunction with the filing of the complaint the State had filed an affidavit of non-residence as to all the defendants except the defendant Ruth Lytle Guess. The affidavit of non-residence set forth the exact address of each of the defendants except as to the defendant Kidd McCoy Fitzwater. The only address given for him on the affidavit of non-residence was "U. S. Army, Korea." An Order to Show Cause for Immediate Possession was set for the 3rd day of May, 1965. An affidavit of unknown residence was filed as to the defendants Ruth Lytle Guess and Donald Fitzwater and they were duly served under the statutes authorizing service by publication. An affidavit of unknown residence was also filed with respect to the defendant Kidd McCoy Fitzwater but it was not notarized. Defendants Austin and Luckett were properly served by registered mail. The records disclose no service by registered mail on defendant Marshall D. K. Fitzwater.


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