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In re Hindi

Supreme Court of Arizona

October 18, 1950

In re HINDI.
v.
BAILON HINDI

Judgment reversed and cause remanded with instructions to dismiss.

W. E. Ferguson, of Holbrook, for appellant.

Anderson & Smith, of Safford, for appellee.

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

OPINION

Stanford, Justice.

[71 Ariz. 18] This is an appeal from a decree of the Superior Court, establishing the identity, birthright and parentage of Agatha Lavern Bailon Hindi. The petitioner is the mother of the child involved, and she alleges that the child was born December 16, 1946, in Vaughn, New Mexico, and that Shafie Hindi, the appellant, is the father of the child.

The facts further show that both mother and child reside in Graham County,

Page 992

Arizona, and have so resided for the past year, and that Eva Bailon is the duly appointed and acting guardian ad litem of her child. Also that Shafie Hindi is a resident of New Mexico.

The order of the court fixing time for hearing the petition contains this statement: "* * * that said Shafie Hindi be served personally with a copy of this order together with a copy of the petition filed therein at least sixty days prior to said hearing."

[71 Ariz. 19] Said order was dated October 4, 1948, and the return of the officer showing service, is as follows:

"I hereby certify that I received the attached order on the 2nd day of October, 1948, and personally served the same on the 2nd day of November, 1948, upon Shafie Hindi, by delivering to him personally in the County of Torrance, State of New Mexico, a copy of said order to which was attached a copy of the application ...


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