14 Arizona opinions name it 2 courts 1923–2024 1 in the last five years
The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Weber v. Roosevelt Water Conservation Districtgreen2 sentences2008See Paxson, 203 Ariz. 63, ¶ 22 , 50 P.3d at 424 . “[T]he claim of right is nothing more than the intention of the one wrongfully [using another’s property] to ... use the land ... irrespective of any semblance or shadow of actual title or right.” Weber, 126 Ariz. at 510-11 , 617 P.2d at 18-19 . 2008See Paxson, 203 Ariz. 63, ¶ 22 , 50 P.3d at 424 . “[T]he claim of right is nothing more than the intention of the one wrongfully [using another’s property] to ... use the land ... irrespective of any semblance or shadow of actual title or right.” Weber, 126 Ariz. at 510-11 , 617 P.2d at 18-19 . | 2 | 2 |
Paxson v. Glovitzgreen2 sentences2008See Paxson, 203 Ariz. 63, ¶ 22 , 50 P.3d at 424 . “[T]he claim of right is nothing more than the intention of the one wrongfully [using another’s property] to ... use the land ... irrespective of any semblance or shadow of actual title or right.” Weber, 126 Ariz. at 510-11 , 617 P.2d at 18-19 . 2008See Paxson, 203 Ariz. 63, ¶ 22 , 50 P.3d at 424 . “[T]he claim of right is nothing more than the intention of the one wrongfully [using another’s property] to ... use the land ... irrespective of any semblance or shadow of actual title or right.” Weber, 126 Ariz. at 510-11 , 617 P.2d at 18-19 . | 2 | 2 |
Lewis v. Pleasant Country, Ltd.green2 sentences2008In Lewis v. Pleasant Country, Ltd., 173 Ariz. 186, 190 , 840 P.2d 1051, 1055 (App.1992), Division One of this court suggested — albeit in dicta — that a use may be deemed permissive if the user “aeknowledge[s]” his or her use of property was “in subordination to the owner’s title.” This statement is consistent with the requirement that, to acquire an easement by prescription, the claimant must have used the property under a claim of right. 2008In Lewis v. Pleasant Country, Ltd., 173 Ariz. 186, 190 , 840 P.2d 1051, 1055 (App.1992), Division One of this court suggested — albeit in dicta — that a use may be deemed permissive if the user “aeknowledge[s]” his or her use of property was “in subordination to the owner’s title.” This statement is consistent with the requirement that, to acquire an easement by prescription, the claimant must have used the property under a claim of right. | 2 | 2 |
Golder v. Department of Revenue, State Board of Tax Appealsgreen1 sentence2024Golder v. Dep’t of Revenue, 123 Ariz. 260, 263 (1979); see also § 42-16212(B) (allowing parties to present evidence of any matters related to the valuation of the property at a hearing). | 1 | 1 |
Cardoso v. Soldogreen1 sentence2020Generally, "we will dismiss an appeal as moot when our action as a reviewing court will have no effect on the parties." Cardoso v. Soldo, 230 Ariz. 614, 617, ¶ 5 (App. 2012). | 1 | 1 |
Tumacacori Mission Land Development, Ltd. v. Union Pacific Railroad Companygreen1 sentence2020See Tumacacori Mission Land Dev., 231 Ariz. at 519, ¶ 6 . | 1 | 1 |
PLM Tax Certificate Program 1991-92, L.P. v. Schweikertgreen1 sentence2017See PLM Tax Certificate Program 1991-92, L.P. v. Schweikert, 216 Ariz. 47, 50, ¶ 16 (App. 2007) (“Issues that should have been raised in a first appeal cannot be raised or considered in a second appeal.”). | 1 | 1 |
In re United States Currency In Amount of $26,980.00green2 sentences2005Generally, a trial court’s factual findings must be accepted on appeal unless they are “clearly erroneous.” In re United States Currency *524 in the Amount of $26,980.00, 199 Ariz. 291, 295, ¶ 9 , 18 P.3d 85, 89 (App.2000). 2005Generally, a trial court’s factual findings must be accepted on appeal unless they are “clearly erroneous.” In re United States Currency *524 in the Amount of $26,980.00, 199 Ariz. 291, 295, ¶ 9 , 18 P.3d 85, 89 (App.2000). | 1 | 1 |
Southwest Soil Remediation, Inc. v. City of Tucsongreen2 sentences2004Southwest Soil Remediation, Inc. v. City of Tucson, 201 Ariz. 438 , 442 ¶ 12, 36 P.3d 1208, 1212 (App.2001). 2004Southwest Soil Remediation, Inc. v. City of Tucson, 201 Ariz. 438 , 442 ¶ 12, 36 P.3d 1208, 1212 (App.2001). | 1 | 1 |
Bowart v. Bowartgreen2 sentences1986However, the court permitted the wife reimbursement for mortgage and tax payments made from her separate funds on the property under the principle of joint tenancy law that: When one joint tenant expends sums to benefit the other joint tenant, as appellee did here by using her separate funds to pay the joint obligation, the paying joint tenant is entitled to reimbursement. 128 Ariz. at 337 , 625 P.2d at 926 (Emphasis added). 1986However, the court permitted the wife reimbursement for mortgage and tax payments made from her separate funds on the property under the principle of joint tenancy law that: When one joint tenant expends sums to benefit the other joint tenant, as appellee did here by using her separate funds to pay the joint obligation, the paying joint tenant is entitled to reimbursement. 128 Ariz. at 337 , 625 P.2d at 926 (Emphasis added). | 1 | 1 |
Comptroller of Treasury v. Aerial Products, Inc.green2 sentences1965The Court in looking at the terms of the contract noted that the following clause was included which distinguished it from the contract in the King ,& Boozer (supra) case and therefore, that case was not controlling: “The Contractor shall act as the purchasing agent of the Government in affecting such procurement and the Government shall be directly liable to *309 the vendors for the purchase price.” 347 U.S. 112 , 74 S.Ct. 405 , (Margin 2) (Emphasis supplied.) In Tawes v. Aerial Products, 210 Md. 627 , 124 A.2d 805, 809 (1956) wherein both United States Army and United States Navy contracts w 1965The Court in looking at the terms of the contract noted that the following clause was included which distinguished it from the contract in the King ,& Boozer (supra) case and therefore, that case was not controlling: “The Contractor shall act as the purchasing agent of the Government in affecting such procurement and the Government shall be directly liable to *309 the vendors for the purchase price.” 347 U.S. 112 , 74 S.Ct. 405 , (Margin 2) (Emphasis supplied.) In Tawes v. Aerial Products, 210 Md. 627 , 124 A.2d 805, 809 (1956) wherein both United States Army and United States Navy contracts w | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McQueen v. First National Bank
green
2 sentences1998However, former A.R.S. § 47-3415, 1 which was in effect at the time the documents were signed, provided "that “[a]n accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it.” (Emphasis added.) The fact that John signed as a “principal” or maker, therefore, does not preclude him from being an accommodation party. ¶ 8 Citibank next claims John was not an accommodation party because he received a benefit from the transaction, arguing that the enactment of former § 47-3415 was insufficient to overrule prior Arizona case law, whi 1998However, former A.R.S. § 47-3415, 1 which was in effect at the time the documents were signed, provided "that “[a]n accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it.” (Emphasis added.) The fact that John signed as a “principal” or maker, therefore, does not preclude him from being an accommodation party. ¶ 8 Citibank next claims John was not an accommodation party because he received a benefit from the transaction, arguing that the enactment of former § 47-3415 was insufficient to overrule prior Arizona case law, whi | 1 | 1998–1998 |
Hinds v. Territory of Arizona
neutral
2 sentences1971The Legislature is in effect saying that in Arizona the intent to permanently deprive the owner of his property is not an element of the crime of embezzlement. 1 See Hinds v. Territory, 8 Ariz. 372 , 76 P. 469 - (1904); Drake v. State of Arizona, 53 Ariz. 93 , 85 P.2d 984 (1939). 1971The Legislature is in effect saying that in Arizona the intent to permanently deprive the owner of his property is not an element of the crime of embezzlement. 1 See Hinds v. Territory, 8 Ariz. 372 , 76 P. 469 - (1904); Drake v. State of Arizona, 53 Ariz. 93 , 85 P.2d 984 (1939). | 1 | 1971–1971 |
Drake v. State of Arizona
green
2 sentences1971The Legislature is in effect saying that in Arizona the intent to permanently deprive the owner of his property is not an element of the crime of embezzlement. 1 See Hinds v. Territory, 8 Ariz. 372 , 76 P. 469 - (1904); Drake v. State of Arizona, 53 Ariz. 93 , 85 P.2d 984 (1939). 1971The Legislature is in effect saying that in Arizona the intent to permanently deprive the owner of his property is not an element of the crime of embezzlement. 1 See Hinds v. Territory, 8 Ariz. 372 , 76 P. 469 - (1904); Drake v. State of Arizona, 53 Ariz. 93 , 85 P.2d 984 (1939). | 1 | 1971–1971 |
Lewis Construction Co. v. King County
green
2 sentences1935As was said in the case of Lewis Const. Co. v. King County et al., 60 Wash. 694 , 111 Pac. 892 , 893: “ ... 1935As was said in the case of Lewis Const. Co. v. King County et al., 60 Wash. 694 , 111 Pac. 892 , 893: “ ... | 1 | 1935–1935 |
McArthur Bros. Mercantile Co. v. Hagihara
green
1 sentence1923He cannot now, as he formerly could, retake the property and retain all payments made by the buyer, as was done in McArthur v. Hagihara, 22 Ariz. 100 , 13 A. L. | 1 | 1923–1923 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.