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O'LEARY v. SUPERIOR COURT OF GILA COUNTY

No. 9472.

104 Ariz. 308 (1969)

452 P.2d 101

Norma J. O'LEARY, by and through her Attorney and attorney-in-fact, Carl Tenney, Petitioner, v. The SUPERIOR COURT OF GILA COUNTY, Arizona and particularly Arnold M. Ambos, Clerk of said Court, and the Valley National Bank of Arizona, a national banking association, Respondents.

Supreme Court of Arizona. In Banc.

March 19, 1969.

Attorney(s) appearing for the Case

Carl Tenney, Phoenix, for petitioner.

Rawlins, Ellis, Burrus & Kiewit, Phoenix, for respondents.

Arnold M. Ambos, Clerk Gila County Superior Court, Globe.

Wilson D. Palmer, Clerk Maricopa County Superior Court, Phoenix.

UDALL, Chief Justice.

Norma J. O'Leary, also known as Terry O'Leary, petitioned this court for a writ of mandamus, to compel the clerk of the Gila County Superior Court to pay over to her the unused balance of a cash supersedeas bond filed by her with the clerk of that court. On December 10, 1968 we ordered an alternative writ to issue. After studying the court records and additional authorities furnished to us, we have concluded that the writ should be made permanent...

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