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TERMPLAN INC. v. SUPERIOR COURT OF MARICOPA CTY.

No. 9769.

105 Ariz. 270 (1969)

463 P.2d 68

TERMPLAN INCORPORATED, an Arizona corporation, Petitioner, v. The SUPERIOR COURT OF MARICOPA COUNTY, Arizona, Division 9 Thereof; and the Honorable Irwin Cantor, Judge Thereof; Wilson D. Palmer, Clerk of the Superior Court of Maricopa County, Arizona; Alfred Figueroa, a single man, individually, Respondents.

Supreme Court of Arizona. In Banc.

December 29, 1969.

Attorney(s) appearing for the Case

Goodson, Richmond & Rose, by Larry J. Richmond, Phoenix for petitioner.

Moise Berger, Maricopa County Atty., Phoenix, by William Carter, Deputy County Atty., Phoenix, for Wilson D. Palmer, as Clerk of the Superior Court.

Frederic W. Heineman, Sp. Deputy County Atty., Phoenix, for John Mummert, as Sheriff of Maricopa County, amicus curiae.

Anthony B. Ching, Chief Trial Counsel, Tucson, for Legal Aid Soc. of Pima County Bar Association, amicus curiae.

LOCKWOOD, Vice Chief Justice.

Termplan, Inc., an Arizona corporation, instituted a garnishment action against Figueroa as defendant and St. Joseph's Hospital and Medical Center as garnishee. The complaint alleged that Figueroa owed $266.37 on a promissory note.

Although Termplan had executed affidavits on attachment and garnishment and provided a bond, the Clerk of the Superior Court refused to issue the writs of attachment and garnishment unless Termplan...

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