Logourl black

Coulas v. Smith

Arizona Supreme Court
395 P.2d 527 (Ariz. 1964)


Facts

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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Udall, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 81,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 11,513 briefs - keyed to 153 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now