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Tidwell v. Riggs

Supreme Court of Arizona

October 10, 1950

TIDWELL
v.
RIGGS et al

Judgment affirmed as to defendants Riggs and appeal dismissed as to defendants Kight.

J. D. Merrill and Fred V. Moore, of Phoenix, for appellant.

Laney & Laney, of Phoenix, for appellees Riggses.

Carl Tenney and Chas. Rogers, of Phoenix, for appellees Kights.

Udall, Justice. La Prade, C. J., and Stanford, Phelps and De Concini, JJ., concurring.

OPINION

Udall, Justice.

[70 Ariz. 418] Appellant, Ireta Blake Tidwell, hereinafter called plaintiff, brought an action for conversion against all of the defendants-appellees named in the foregoing title. She alleged that the defendants had converted to their own use 196 tons of hay purchased by her from defendants Riggses and that as a result she had been damaged to the extent of $ 4312. The case was tried to a jury and a verdict rendered in favor of all the defendants and against the plaintiff. However, Ben Riggs and Myrtle Riggs, his wife, were the only defendants who had a judgment entered in their favor on the verdict.

This appeal was taken from (a) said judgment, (b) a denial of plaintiff's motion to set aside verdict and judgment, (c) a denial for judgment in accordance with plaintiff's motion for a directed verdict, and (d) a denial of plaintiff's motion for a new trial.

Counsel for defendants A. L. Kight et ux. and Jess Kight et ux. have moved to dismiss the appeal as to them, the reason being that as to them no judgment had been entered on the verdict. This motion is well taken for it is fundamental that an appeal will lie only where a final judgment has

Page 796

been entered. Consequently, as to these defendants, the appeal must be dismissed.

Plaintiff's assignments of error read as follows:

"1. The court erred in denying plaintiff's motion for a directed verdict at the ...


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