Farrell v. Cooper

A dispute arose between the residents of the Wilson Volunteer Fire District of Maricopa County, a fire district organized
under the provisions of chapter 16, article 20, A.C.A.1939 [A.R.S. § 9-1001 et seq.]. Appellees filed petition in the superior
court against appellants for writ of mandamus stating in substance that recall petitions were circulated for the purpose of
initiating a recall election to effect the recall of certain persons designated as members of the board of directors of the
district; and the recall petitions were signed by the requisite number of qualified electors of the district; that the petitions
were presented to the secretary of the district, and that she refused to accept or recognize the same. The petition prayed
for a writ of mandamus commanding the board of directors to fix a date and hold the election. Alternative writ was issued.
After hearing, a peremptory writ was ordered directing the secretary of the district to proceed with the holding of a recall
election. This court ordered stay of proceedings pending appeal. Appellees filed no brief in opposition to appellants' contentions
in their opening brief. We have examined appellants' brief and find debatable questions raised therein. There appears no reason for appellees' failure
to file a brief. We consider such failure as an admission of reversible error. Mower v. Street, 79 Ariz. 282, 288 P.2d 495.