eBook details
- Title: State Ex Rel Sullivan V. Moore
- Author : Arizona Supreme Court
- Release Date : January 01, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
We consider the procedural questions first. In so doing, while some of these questions are raised by defendant Luke and others by defendant Moore, since they apply equally to both defendants, we shall, for the sake of clarity, assume that each defendant has raised all the points and discuss them in their logical order on this theory. The first is the special appearance for the purpose of objecting to the jurisdiction of the court to entertain the proceeding. This objection is based upon several grounds (a) that the proceeding is one to determine who are entitled to the offices of tax commissioner, and that the complaint is of such a nature that no judgment could possibly be rendered adjudging who are entitled to the offices, if it be held that defendants Luke and Moore are not so entitled; (b) that it is in reality an election contest which requires a recount of the ballots and that the statute provides a different proceeding for that purpose; and (c) that, even assuming the court has the right to take original jurisdiction of the proceeding, there is no reason why this court should exercise that right. It is therefore necessary for us to consider the nature of the action. The subject of quo warranto is dealt with by sections 4405 to 4409, inclusive, Revised Code of 1928. These sections read as follows: