AMERICAN SURETY COMPANY OF NEW YORK v. NASH

No. 6996.

95 Ariz. 271 (1964)

389 P.2d 266

AMERICAN SURETY COMPANY OF NEW YORK, Appellant, v. C.W. NASH, Appellee.

Supreme Court of Arizona, En Banc.

February 5, 1964.


Attorney(s) appearing for the Case

Jennings, Strouss, Salmon & Trask, Phoenix, for appellant.

Joseph H. Morgan, Phoenix, for appellee.


UDALL, Chief Justice.

Appellee brought action in the Superior Court of Maricopa County to recover the sum of $23,950 representing damages sustained by reason of a wrongful writ of garnishment issued against him. Appellant was surety on the garnishment bond. Judgment was rendered against the surety. No Findings of Fact and Conclusions of Law were requested and none were made.

The essential facts brought out during the trial show that on June 16, 1954, D.W....

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