TODD v. COX

No. 1 CA-CIV. 1894.

20 Ariz. App. 347 (1973)

512 P.2d 1234

Richard TODD, Appellant, v. Stephen L. COX and Kay K. Cox, his wife, Appellees.

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

August 7, 1973.


Attorney(s) appearing for the Case

Healy & Beal, P.C., by William T. Healy, Tucson, for appellant.

Cox & Cox, by Alfred S. Cox, Phoenix, for appellees.


HAIRE, Judge.

The only question presented on this appeal in a libel action is whether the affidavit testimony of defendant-appellee Stephen L. Cox was absolutely privileged as a statement made in the course of a judicial proceeding. The trial judge was of the opinion that it was, and therefore granted defendant Cox's motion for summary judgment.

The appellant-plaintiff Richard Todd, was a prosecution witness in the case of State v. Brazil, Maricopa County...

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