HOLLAR v. WRIGHT

No. 1 CA-CIV 3379.

115 Ariz. 606 (1977)

566 P.2d 1352

Charles E. HOLLAR and Georgia I. Hollar, husband and wife, Appellants, v. Edward H. WRIGHT, Jr., and Alvin H. Jahn, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

July 19, 1977.


Attorney(s) appearing for the Case

Wolfinger, Lutey & Preston, Ltd. by Ronald C. Ramsey, Cottonwood, for appellants.

Richard Walraven, Prescott, for appellee Jahn.


OPINION

EUBANK, Judge.

The issue before us on appeal is whether a cross-claim filed in the trial court proceedings stated an independent claim which would prevent its dismissal with prejudice when the underlying claim was dismissed upon stipulation. The trial court held that the cross-claim did not state an independent cause of action. We disagree.

In the original proceedings, plaintiff Edward H. Wright, Jr., filed a complaint to foreclose on a realty...

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