35 P. 1059 | Ariz. | 1894
The appellant filed his complaint in. the lower court, being in form an action to quiet title to certain premises. The appellee answered, disclaiming all interest, title, or right in the premises described in the plaintiff’s complaint, except as to a portion thereof, designated as “Bishop’s Lake.” This he claimed, and to plaintiff’s cause of action respecting such portion of the premises he pleaded in bar two judgments—one being a judgment rendered against appellant and in favor of the appellee in an action of forcible entry and detainer for the same premises, obtained before a justice of the peace, and being affirmed upon appeal; the other being a judgment of the district court dismissing a bill and denying an injunction to declare the same judgment in forcible entry and detainer void and to restrain the issuing of a writ of restitution thereunder. These pleas in bar were sustained by the lower court, and whether or not this constitutes
Sloan, J., and Rouse, J., concur.
Hawkins, J., not sitting.