H. L. MOSHER, as Attorney in Fact for CARRIE A. LOUNT, a Widow, Appellant,
HALBERT H. HINER and NELL E. HINER, His Wife, WILLIAM TELL and LUCILLE TELL, His Wife, Doing Business as Co-partners Under the Firm Name of PHOENIX AUTO TOP COMPANY; JOHN DOE, JANE DOE and DOE CORPORATION, Appellees
APPEAL from a judgment of the Superior Court of the County of Maricopa. Dudley W. Windes, Judge.
Mrs. H. L. Mosher, Attorney in Fact for Appellant.
Messrs. Snell, Strouss & Wilmer, for Appellees.
Stanford, J. McAlister, C. J., and Ross, J., concur.
[62 Ariz. 111] This action is appealed from a judgment of dismissal of the superior court of Maricopa County, and was brought to recover four months rent due and to recover the premises, the premises having been rented for $ 30 per month by Carrie A. Lount, the landlord, to the appellees, the grounds for bringing the first action being that the appellees had failed to pay rent for a period of four months.
The opening brief of the appellant has the statement: "That the business transacted in the so called 407 North First was a community business for the support of the appellees," but the complaint does not have any such statement.
Appellant submits six assignments of error, but they are mainly in regard to matters that are not important in the case. The case rests on the motion to dismiss filed by the appellees on February 29, 1944, on the following grounds:
"1. There is a lack of jurisdiction over the subject matter of the complaint and action; and
"2. The complaint fails to state a claim upon which relief can be granted.
"In support of said motion said defendants show the Court that it appears upon the face of ...