APPEAL from a judgment of the Superior Court of the County of Maricopa. Howard C. Speakman, Judge. Judgment reversed and cause remanded with directions.
Mr. Joe Conway, Attorney General, and Mr. Albert M. Garcia, Assistant Attorney General, for Appellant.
Mr. George M. Sterling and Messrs. Cox & Cox, for Appellee.
[58 Ariz. 222] ROSS, J.
Joe E. Barnum, in his own right and as the assignee of numerous other employees of the state hospital for the insane, brought this action against the state for his and their services as such employees. In each case it is alleged in the complaint that the employee during the period of his employment was paid his wages at a rate less than the minimum wage law provided, and judgment is asked for the difference [58 Ariz. 223] between what each of such employees received from the state and what he would have received had he been paid the minimum wage. There are 116 of such claims, including the plaintiff's.
The complaint was filed January 13, 1939, and it set forth that Dr. Lewis J. Saxe was the superintendent of the state hospital; that J. M. Sparks was the secretary of the board of directors of state institutions and that Ana Frohmiller was the state auditor, and in addition alleged:
"VII. That thereafter and on the 12th day of January, 1939, the plaintiff herein presented to Dr. Lewis J. Saxe his verified, itemized claim for the above amount and that the said Dr. Lewis J. Saxe thereupon rejected and disallowed said claim.
"That thereafter and on the 12th day of January, 1939, the plaintiff herein presented to J. M. Sparks his verified, itemized claim for the above amount and the said J. M. Sparks thereupon rejected and disallowed said claim.
"That thereafter and on the 12th day of January, 1939, the plaintiff herein presented to Ana Frohmiller his verified, itemized claim for the above amount and that the said Ana Frohmiller thereupon rejected and disallowed said claim."
The attorney general, on behalf of the state, on February 4, 1939, filed a general demurrer to the complaint and each of the causes of action set out therein, on the ground that the facts stated failed to constitute a cause or causes of action or facts entitling the plaintiff to the relief prayed for, or any relief.
The demurrer was overruled on February 13, 1939, and the defendant elected to stand thereon and on that day the plaintiff introduced his evidence to support his complaint, and judgment was entered in his favor. This order, however, was set aside on
March 6, 1939, on motion of defendant, who was granted twenty days ...