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Allen v. Superior Court of Maricopa County

Supreme Court of Arizona

September 23, 1959

Wesley T. ALLEN, Petitioner,
v.
SUPERIOR COURT OF MARICOPA CPUNTY, Arizona, and E. R. Thurman, Judge thereof, Respondent.

Page 164

[86 Ariz. 206] Beer, Seaman & Polley, Phoenix, for petitioner.

Otto H. Linsenmeyer, Phoenix, for respondent.

UDALL, Justice.

This is an original proceeding initiated in this court by petitioner, Wesley T. Allen, seeking to prevent respondent, the Honorable E. R. Thurman, one of the judges of the superior court of Maricopa county, from taking any further action in cause No. 55990 entitled Joyce E. Allen,

Page 165

plaintiff v. Wesley T. Allen, defendant (docketed in said court).

An informal hearing was held in accordance with the provisions of Rule I, Rules of the Supreme Court, 17 A.R.S., following which we issued an alternative writ of prohibition in order to resolve a conflicting jurisdictional question. A response has been filed, the matters fully briefed by the parties, and copies of the Cochise and Maricopa County superior courts' files are before us.

The facts, as shown by petitioner's application and the respondent's return, are [86 Ariz. 207] not in dispute in so far as they relate to the question presented for decision by this court, although different inferences are sought to be drawn therefrom. The ultimate question which we must determine is: did the respondent Maricopa County superior court--Judge Thurman, presiding--have jurisdiction to hear and decide marital action No. 55990, supra, or was exclusive jurisdiction vested in the superior court of Cochise County to settle the marital difficulties of these parties?

Inasmuch as three separate suits are involved it will be helpful in clarifying the problem to set forth the following chronological table, viz.:

Cochise County Superior Court

Suit No. 17749

1957

Nov. 4th Wife (Joyce E. Allen) filed a separate maintenance action.

Nov. 21 Complaint amended, seeking absolute divorce.

Nov. 22 Husband (petitioner here) filed answer and a ...


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