Arizona Supreme Court
395 P.2d 527 (Ariz. 1964)
Smith (plaintiff) filed a lawsuit against Nicholas Coulas (defendant) on two counts, one for money owed on an open account and the other on an unpaid promissory note. Coulas fully answered the complaint. The trial court ordered a trial date of October 10, 1958. The parties were notified by the clerk. On October 6, 1958, Smith’s attorney stipulated that trial be moved to December 10, 1958. The court ordered the change in trial date and the clerk notified all parties. Coulas and his attorney were not present on October 6 and did not participate in the stipulation. On the new trial date, Coulas did not show up. The court entered the promissory note into evidence and entered a judgment in favor of Smith. Nearly two years later, on October 29, 1960, Coulas filed a motion to set aside and vacate the judgment on the grounds that he and his attorney never received notice of the change in trial date. The trial court denied the motion. Coulas appealed on the grounds that he did not receive three days’ notice of the application default judgment as is required by Arizona law.
Rule of Law
Holding and Reasoning (Udall, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.