Cited by
Opinions in Arizona that cite In Re Brandt's Estate, 190 P.2d 497.
- Lewis v. N.J. Riebe Enterprises, Inc. 825 P.2d 5 Ariz. 1992
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Lewis v. N.J. Riebe Enterprises, Inc.
825 P.2d 5
Ariz. 1992
Moreover, construing the stipulation in light of the surrounding circumstances, see Brandt’s Estate, , we find it difficult to believe that Riebe consented to the dismissal without knowing that Lewis would be able to take advantage of the new statute.
- Norman v. Transamerica Title Insurance 495 P.2d 138 Ariz. 1972
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Norman v. Transamerica Title Insurance
495 P.2d 138
Ariz. 1972
It covers both general civil and probate with the probate appeals appearing in subsection J. We have previously held that “the rules of civil procedure govern in probate proceedings.” In Re Brandt’s Estate
- Weller v. Weller 480 P.2d 379 Ariz. Ct. App. Div. 2 1971
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Weller v. Weller
480 P.2d 379
Ariz. Ct. App. Div. 2 1971
Cf. In re Brandt’s Estate
- Robbins Investment Co. v. Green Rose Associates, Inc. 448 P.2d 440 Ariz. Ct. App. Div. 2 1968
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Robbins Investment Co. v. Green Rose Associates, Inc.
448 P.2d 440
Ariz. Ct. App. Div. 2 1968
Rule 7(a), Rule 12(b), Arizona Rules of Civil Procedure, 16 A.R.S.; In re Brandt’s Estate
- Miller v. Schafer 432 P.2d 585 Ariz. 1967
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Miller v. Schafer
432 P.2d 585
Ariz. 1967
The situation is covered by our language in In re Brandt’s Estate, , in which we said: “A stipulation must he construed in the light of the circumstances surrounding the parties and in view of the result which they were attempting to accomplish.
- Arizona Land Title & Trust Co. v. Safeway Stores, Inc. 429 P.2d 686 Ariz. Ct. App. Div. 2 1967
- Arizona Land Title & Trust Co. v. Safeway Stores, Inc. 429 P.2d 686 Ariz. Ct. App. Div. 2 1967
- Lindus v. Northern Insurance 429 P.2d 708 Ariz. Ct. App. Div. 2 1967
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Lindus v. Northern Insurance
429 P.2d 708
Ariz. Ct. App. Div. 2 1967
Waiver is a “voluntary and intentional relinquishment of a known right.” In re Brandt’s Estate, , and Arizona Title Guarantee and Trust Co. v. Modern Homes, Inc.
- Morgan v. Hays 426 P.2d 647 Ariz. 1967
- Sandoval v. Chenoweth 410 P.2d 671 Ariz. Ct. App. Div. 1 1966
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Sandoval v. Chenoweth
410 P.2d 671
Ariz. Ct. App. Div. 1 1966
Under systems of pleading which permit no replication or reply, the rule, stated supra § 153(1), *556 requiring estoppel to be pleaded in .avoidance of a defense, has no application, and if plaintiff claims an estoppel against the defense set up in defendant’s answer, he is entitled to give evidence concerning it without special pleading.” And in In re Brandts’ Estate, , the court after stating that a counter-claim is required to be denominated as such before a responsive pleading is required sa
- Loya v. Fong 404 P.2d 826 Ariz. Ct. App. Div. 2 1965
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Loya v. Fong
404 P.2d 826
Ariz. Ct. App. Div. 2 1965
The first of these is that the stipulations in question should receive a “fair and liberal construction” [In re Brandt’s Estate, , ], and that when so construed it is apparent that the defendant intended to maintain its denial of any sale to the plaintiffs.
- Gear v. City of Phoenix 379 P.2d 972 Ariz. 1963
- Gear v. City of Phoenix 379 P.2d 972 Ariz. 1963
- Bohmfalk v. Vaughan 357 P.2d 617 Ariz. 1960
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Bohmfalk v. Vaughan
357 P.2d 617
Ariz. 1960
In re Brandt’s Estate, , .
- Maestro Music, Inc. v. Rudolph Wurlitzer Company 354 P.2d 266 Ariz. 1960
- City of Tucson v. Koerber 313 P.2d 411 Ariz. 1957
- Eggerth v. Forselius 311 P.2d 964 Ariz. 1957
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Eggerth v. Forselius
311 P.2d 964
Ariz. 1957
Rules of Civil Procedure, Rule 7(a); , .
- In Re Cassidy's Estate 270 P.2d 1079 Ariz. 1954
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In Re Cassidy's Estate
270 P.2d 1079
Ariz. 1954
This has been construed to mean that the Rules of Civil Procedure shall govern probate proceedings absent an express provision in the probate code, In re Brandt's Estate (Brandt v. Brandt), , ; In re Estate of Sorrells (Sorrells v. Bergier), , ; cf. Sanders v. Sanders, supra.
- Morgan v. Bruce 259 P.2d 558 Ariz. 1953
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Morgan v. Bruce
259 P.2d 558
Ariz. 1953
A.C.A.1939; In re Brandt’s Estate, , .
- Waugh v. Lennard 211 P.2d 806 Ariz. 1949
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Waugh v. Lennard
211 P.2d 806
Ariz. 1949
Waiver is defined as a voluntary and intentional relinquishment of a known right, Home Owners’ , ; In re Brandt’s Estate, , , whereas “estoppel” means that a party is precluded by his own acts from asserting a right to the detriment of another who, entitled to rely on such conduct, has acted thereon.