[DOWNLOAD] "State v. Smith" by Arizona Supreme Court Civil No. 3360. # Book PDF Kindle ePub Free
eBook details
- Title: State v. Smith
- Author : Arizona Supreme Court Civil No. 3360.
- Release Date : January 02, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
ROSS, C. J. Defendant, Smith, has filed a motion questioning the correctness of our order directing the trial court to issue an injunction permanently enjoining him from the practice of medicine and surgery without a license, and asserting that proper order would be a direction to the trial court to overrule the demurrer and permit defendant to answer if he so elects and in default thereof to issue the injunction. Upon reflection and after an examination of our decisions on the right to amend an answer, we have come to the conclusion that defendant is right in his contentions. In Perrin v. Mallory Commission Co., 8 Ariz. 404, 76 P. 476, 478, we held that a defendant who had filed a general demurrer, under the statute concerning amendments of pleadings, ""had the right . . . at any time before trial, to amend his pleading by setting up the new defense."" This rule has not been changed or modified, but on the contrary has been uniformly followed ever since. Timmons v. Wright, 22 Ariz. 135, 195 P. 100; Senate Silver Min. Co. v. Hackberry Consol. Min. Co., 24 Ariz. 481, 211 P. 564.