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BOIES v. COLE

No. 7530.

99 Ariz. 198 (1965)

407 P.2d 917

L.C. BOIES, Sheriff of Maricopa County, Arizona, and Trinity Universal Insurance Company, a corporation, Appellants and Cross-Appellees, v. Eva Mae COLE, surviving spouse of Lewis Pearl Cole, deceased, and mother of Dolores May Nadias, Doris A. Cole, Charles W. Cole, and Lewis R. Cole, suing herein for and on behalf of herself and the above-named minor children, Appellees and Cross-Appellants.

Supreme Court of Arizona. En Banc.

Rehearing Denied December 14, 1965.

Attorney(s) appearing for the Case

Beer & Polley, Phoenix, for appellants and cross-appellees.

Moore & Moore, Phoenix, for appellees and cross-appellants.

BERNSTEIN, Justice.

Appellants and cross appellees were defendants in a wrongful death action brought pursuant to A.R.S. § 12-613. They are the Sheriff of Maricopa County and the surety company that wrote his bond. Appellees and cross appellants, plaintiffs in the action, are the surviving spouse and children of the deceased husband and father. Plaintiffs received a verdict of $10,000 against both defendants. On motion for new trial the trial judge ordered a...

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