SANDOVAL v. CHENOWETH

No. 1 CA-CIV 57.

2 Ariz. App. 553 (1966)

410 P.2d 671

Oscar SANDOVAL and Financial Indemnity Company, Appellants and Cross-Appellees, v. Chester A. CHENOWETH, Appellee and Cross-Appellant.

Court of Appeals of Arizona.

Rehearing Denied March 2, 1966.

Review Granted April 5, 1966.


Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by John P. Otto, Jack M. Anderson, Phoenix, for appellants and cross-appellees.

Gibbons, Kinney & Tipton, by Jack C. Warner, Phoenix, for appellee and cross-appellant.


DONOFRIO, Judge.

This is an action arising out of an automobile accident which occurred on August 22, 1960, allegedly due to Defendant's negligence. Defendant, who it is claimed, does not speak or read English, was served with process but did not communicate this service to the garnishee-defendant, Financial Indemnity Co., Defendant's insurer. Thereafter, on May 10, 1961, a default judgment was entered against Defendant. Counsel for Financial Indemnity Co. first learned...

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