DEL CASTILLO v. WELLS

No. 1 CA-CIV 2133.

22 Ariz. App. 41 (1974)

523 P.2d 92

Leonides DEL CASTILLO and Margaret G. Betz Del Castillo, husband and wife, Appellants, v. Margaret WELLS, a widow, individually and as Executrix of the Estate of James Wells, Deceased, Appellee.

Court of Appeals of Arizona, Division 1.

Rehearing Denied July 19, 1974.

Review Denied September 24, 1974.


Attorney(s) appearing for the Case

Murray Miller, Phoenix, for appellants.

Charles A. Stanecker, Phoenix, for appellee.


OPINION

HATHAWAY, Chief Judge.

This is an action on a promissory note which was allegedly in default. The appellants-defendants answered setting forth affirmative defenses. Subsequently, they appeared by new counsel and moved for permission to file an amended answer and counterclaim. They also sought to change the trial judge by filing an affidavit of bias and prejudice pursuant to A.R.S. § 12-409 and demanded a trial by jury.

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