STATE v. STONE

No. 2 CA-CIV 359.

8 Ariz. App. 118 (1968)

443 P.2d 933

The STATE of Arizona, Appellant, v. Ernest STONE, Individually and as surviving spouse of Hathaway Stone, Deceased; Darrell Stone and Denise Stone, by their guardian ad litem, Ernest Stone, Appellees.

Court of Appeals of Arizona.

As Amended on Denial of Rehearing September 9, 1968.

Review Granted October 22, 1968.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, former Atty. Gen., J. Mercer Johnson, Sp. Asst. Atty. Gen., Tucson, for appellant.

Rees, Estes & Browning, by William D. Browning, Tucson, for appellees.


MOLLOY, Judge.

Defendant, State of Arizona, appeals from an adverse judgment in a wrongful death action, raising questions both as to whether this suit is maintainable at all and as to the propriety of various rulings made during the trial. We find the failure of the complainant to state a claim to be dispositive.

The State contends there was no jurisdiction in the court to try this claim because there was no presentment of the claim prior to suit. The State...

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