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AUSTIN v. STATE EX REL. HERMAN

No. 2 CA-CIV 666.

10 Ariz. App. 474 (1969)

459 P.2d 753

Johnnie Van Meter AUSTIN, formerly Johnnie Van Meter, wife of Paul Austin, as her sole and separate property; Donald Fitzwater, as his sole and separate property; Maxie Jane Luckett, as her sole and separate property; Marshall D.K. Fitzwater; Kidd McCoy Fitzwater; and Ruth Lytle Guess, Appellants, v. STATE of Arizona ex rel. Justin HERMAN, Director Arizona Highway Department, Appellee.

Court of Appeals of Arizona. Division 2.

Rehearing Denied November 18, 1969.

Attorney(s) appearing for the Case

Dunseath, Stubbs & Burch, by G. Eugene Isaak, Tucson, for appellants.

Gary K. Nelson, Atty. Gen., by Robert H. Schlosser, Asst. Atty. Gen., Phoenix, for appellee.

HOWARD, Judge.

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...

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