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HAVER v. SUPERIOR COURT, IN AND FOR COUNTY OF MARICOPA

No. 1 CA-CIV 1053.

9 Ariz. App. 422 (1969)

453 P.2d 362

Ralph B. HAVER and Mildred Haver, husband and wife, Petitioners, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA; the Honorable William H. Gooding, Judge of the Superior Court of the State of Arizona, In and For the County of Maricopa, Respondents; MERCHANTS CREDIT EXCHANGE, Real Party In Interest.

Court of Appeals of Arizona.

Rehearing Denied May 12, 1969.

Review Denied June 17, 1969.

Attorney(s) appearing for the Case

Hiser, Aranda & Bruno, by H. Louis Hiser, and Thomas Aranda, Jr., Kingman, for petitioners.

Walter F. Kessler, Phoenix, for respondents.

STEVENS, Judge.

The petitioners seek to compel the Respondent Judge to vacate an order setting aside a default. The default was entered by the Clerk of the Superior Court. The default was entered in relation to a counterclaim which the petitioners filed in a Justice Court civil action which counterclaim was in excess of the jurisdiction of the Justice Court. No judgment was entered after the entry of the default on the counterclaim.

The petitioners sought...

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