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Miller v. Heller

Supreme Court of Arizona

May 23, 1949

MILLER
v.
HELLER

Appeal from Superior Court, Yavapai County; W. E. Patterson, Judge.

Prohibition proceeding by Lloyd E. Heller against P. H. Miller, recorder of the Recorder's Court of the City of Prescott, a municipal corporation. From an order granting the writ of prohibition, the recorder appeals.

Order affirmed.

Charles E. McDaniels, and John R. Franks, Prescott, for appellant.

Byrne & Byrne, Prescott, for appellee.

Phelps, Justice. Udall, Stanford and Deconcini, JJ., and Russell, Superior Judge, concurring. Chief Justice LaPrade being ill, the Honorable H. L. Russell, Judge of the Superior Court of Coconino County was called to sit in his stead.

OPINION

Phelps, Justice.

Page 570

[68 Ariz. 353] The above entitled cause comes to this court on an appeal from an order of the Superior Court of Yavapai County granting a writ of prohibition against appellant P. H. Miller, Judge of the Recorder's Court of the city of Prescott prohibiting him from proceeding further in the criminal case of The Mayor and Common Council of the City of Prescott v. Lloyd E. Heller. The defendant in that case is charged in said proceedings with the violation of section 66-403, A.C.A. 1939, relating to reckless driving on a public highway. The record does not disclose upon what ground the writ was made permanent.

Appellant has presented two assignments of error, the first being that the trial court erred in denying his motion to quash the writ of prohibition upon the ground that the Recorder's Court of the city of Prescott had jurisdiction to try the case in question. Second, that the trial court erred in making its writ of prohibition permanent upon the same ground. The primary question then is, does the Recorder's Court of the city of Prescott have jurisdiction under the law as it now stands to try a person charged with reckless driving under the provisions of section 66-403, A.C.A. 1939, hereinafter set forth?

As incident to this issue and arising out of it there is the further question: Conceding that the Recorder's Court does have jurisdiction to try said cause, may it be prosecuted in the name of the Mayor and Common Council of the city of Prescott as provided in section 12 of article 5 of the charter? The answer to these questions must be found in the pertinent provisions [68 Ariz. 354] of the statutes and constitution hereinafter set forth.

The facts are that the city of Prescott was incorporated by a special act of the territorial legislature of Arizona in 1883,

Page 571

Ch. 37, Acts of 1883, 12th Ter.Leg. The act itself constitutes the charter of said city of Prescott under which it has continued ...


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