JOHNSON v. COLLINS

No. 2 CA-CIV 789.

11 Ariz. App. 327 (1970)

464 P.2d 647

Clark H. JOHNSON, Petitioner, v. John P. COLLINS, Judge of the Superior Court of the State of Arizona in and for the County of Pima, Thomas Jay, Dennis Weaver and James Murphy, constituting and as members of the Pima County Board of Supervisors and Donald L. Frank, Respondents.

Court of Appeals of Arizona. Division 2.

January 28, 1970.


Attorney(s) appearing for the Case

Merchant, Lohse & Bloom, by Ashby I. Lohse, Tucson, for petitioner.

Robert N. Hillock, Tucson, for Thomas Jay, Dennis Weaver and James Murphy.

Bernard Weinstein, Tuscon, for Donald L. Frank.

Raymond F. Hayes and John G. Stompoly, Tucson, for amicus curiae Tucson City Bar Ass'n.


HATHAWAY, Judge.

We have issued a writ of certiorari to review a ruling of the respondent court declaring a vacancy in the office of Justice of the Peace, Precinct #2, Pima County, Arizona, which the petitioner had occupied. The petitioner is now deceased, having expired since the proceedings were instituted in this court. There being a question of salary remaining, the matter has not become moot through petitioner's death.

Although the subject order is appealable...

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