filing an action in the wrong county is not a fatal jurisdictional defect but is a venue problem that must be raised in a timely manner
How later courts described this case
- filing an action in the wrong county is not a fatal jurisdictional defect but is a venue problem that must be raised in a timely manner
- “There is but one Superior Court in the State of Arizona”
Written by the judges who cited it.
The opinion
E. R. THURMAN, Superior Court Judge
(dissenting) :
I regret that I cannot agree with the majority.
In taking the whole picture into consideration I feel that subsection 10 of Section 12-401, A.R.S., as amended, is an exception of necessity.
The opinion of my associates in this case would set up no line of demarcation for the plaintiff would not be prohibited from taking advantage of Section 12-408, subsec. A, A.R.S. since Yuma County is one of the defendants in this case.
*592 We might find ourselves right back in Maricopa County, but subsection 10, stops such a run around.
NOTE: Judge JAMES DUKE CAMERON having requested that he be relieved from the consideration of this matter, Superior Court Judge E. R. THURMAN was called to sit in his stead and participate in the determination of this cause.