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Vargas v. Greer

Supreme Court of Arizona

December 7, 1942

ELENA CASTILLO VARGAS, Appellant,
v.
DODD L. GREER and AMERICAN SURETY COMPANY, a corporation, Appellees

APPEAL from a judgment of the Superior Court of the County of Apache. C. C. Faires, Judge. Judgment reversed and cause remanded for further proceedings.

Mr. Urban R. Miller, and Messrs. Moore & Romley, for Appellant.

Messrs. Wilson, Compton & Wilson, for Appellee Surety Company; Mr. Dodd L. Greer, Appellee, in propria persona.

OPINION

Page 819

[60 Ariz. 112] ROSS, J.

This action was filed in the Superior Court of Apache County on April 10, 1941, and has for its object the annulling and vacating of certain orders, judgments and proceedings theretofore had and taken in the Superior Court of Navajo County in the matter of the estate of Lucy Elia Castillo, deceased, on the grounds (1) that they were made and had by such court without jurisdiction, and (2) that they were procured through the fraud of the administrator of said estate practiced on the Superior Court of Navajo County; and to recover from the administrator, Dodd L. Greer, and his surety, American Surety Company, by reason thereof the sum of $30,000 alleged to have been lost to the estate through its maladministration and through fraud.

The sufficiency of the complaint to state a claim upon which relief may be granted was challenged by the defendants for the following reasons:

"First: That the Superior Court of Navajo County did have jurisdiction over the parties and the subject matter, and power to enter the orders sought to be impeached.

"Second: The action in its present form is not maintainable against the defendants because it constitutes [60 Ariz. 113] a collateral attack upon judgments of the Probate Court of Navajo County which have become final.

"Third: That the allegations contained in the complaint are almost without exception refuted by the official records now before the Court.

"Fourth: That jurisdiction to determine the accounts of administrators is exclusive in the probate court and is final and conclusive as to all persons including minors, after final distribution.

"Fifth: Failure to comply with the Rules of Civil Procedure of 1939 requiring that the complaint shall be concise and direct in stating the cause of action."

The question as to whether the complaint states a claim against defendants was heard by the Honorable C. C. Faires, Judge of the Superior Court of Gila County, sitting for the Honorable Levi S. Udall, Judge of the Superior Court of Apache County, and by him dismissed for failure (1) to state a cause of action, (2) to state a claim upon which relief can be granted in this proceeding, and (3) to comply with the rule requiring that the complaint be concise and direct in stating the cause of action.

From this order the plaintiff has appealed upon the two grounds heretofore indicated. We will ...


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