HICKOX v. SUPERIOR COURT FOR CTY. OF MARICOPA

No. 1 CA-CIV 2241.

19 Ariz. App. 195 (1973)

505 P.2d 1086

John HICKOX, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF MARICOPA, the Honorable Ed W. Hughes, Judge theerof, and Catherine Hickox, Respondents.

Court of Appeals of Arizona, Division 1, Department B.

February 1, 1973.


Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Jay M. Martinez, Phoenix, for petitioner.

Flynn, Kimerer, Thinnes & Galbraith by Richard L. Parrish, Phoenix, for respondents.


JACOBSON, Chief Judge, Division One.

This special action requires the court to determine whether a peremptory challenge under Rule 42(f), Rules of Civil Procedure, 16 A.R.S., may be withdrawn when it appears that the challenge was made in vain.

In this divorce action proceeding, plaintiff-real party in interest, Catherine Hickox, filed an order to show cause against the petitioner, John Hickox, which was returnable on September 11, 1972, before the Honorable...

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