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Farrell v. Cooper

Supreme Court of Arizona
May 15, 1956
296 P.2d 953 (Ariz. 1956)

Opinion

No. 5924.

May 15, 1956.

Appeal from the Superior Court, Maricopa County, Henry S. Stevens, J.

Moore Moore, Phoenix, for appellants.

No appearance for appellees.


A dispute arose between the residents of the Wilson Volunteer Fire District of Maricopa County, a fire district organized under the provisions of chapter 16, article 20, A.C.A. 1939 [A.R.S. § 9-1001 et seq.]. Appellees filed petition in the superior court against appellants for writ of mandamus stating in substance that recall petitions were circulated for the purpose of initiating a recall election to effect the recall of certain persons designated as members of the board of directors of the district; and the recall petitions were signed by the requisite number of qualified electors of the district; that the petitions were presented to the secretary of the district, and that she refused to accept or recognize the same. The petition prayed for a writ of mandamus commanding the board of directors to fix a date and hold the election. Alternative writ was issued. After hearing, a peremptory writ was ordered directing the secretary of the district to proceed with the holding of a recall election. This court ordered stay of proceedings pending appeal. Appellees filed no brief in opposition to appellants' contentions in their opening brief.

We have examined appellants' brief and find debatable questions raised therein. There appears no reason for appellees' failure to file a brief. We consider such failure as an admission of reversible error. Mower v. Street, 79 Ariz. 282, 288 P.2d 495.

Judgment reversed with directions to quash the peremptory writ.

LA PRADE, C.J., and UDALL, PHELPS and STRUCKMEYER, JJ., concur.


Summaries of

Farrell v. Cooper

Supreme Court of Arizona
May 15, 1956
296 P.2d 953 (Ariz. 1956)
Case details for

Farrell v. Cooper

Case Details

Full title:Darrell FARRELL, as Chief of Wilson Volunteer Fire Company; Mrs. T.L…

Court:Supreme Court of Arizona

Date published: May 15, 1956

Citations

296 P.2d 953 (Ariz. 1956)
296 P.2d 953

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