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ANDREW BROWN COMPANY v. PAINTERS WAREHOUSE, INC.

No. 1 CA-CIV 885.

11 Ariz. App. 571 (1970)

466 P.2d 790

ANDREW BROWN COMPANY, a California corporation, Appellant, v. PAINTERS WAREHOUSE, INC.; Donald H. MacAfee and Marian B. MacAfee, his wife, and each of them, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

March 18, 1970.

Attorney(s) appearing for the Case

Miller & Haggerty, by Philip M. Haggerty, and Kaplan, Wilks & Abrams, Phoenix, for appellant.

Conrad J. Kleinman, Kleinman, Carroll & Kleinman, Phoenix, for appellees.

HAIRE, Judge.

The question presented by this case is whether under Arizona law the truth of a garnisher's allegations in his affidavit of garnishment filed pursuant to A.R.S. Secs. 12-1571 and 12-1573 may be determined by the court, prior to trial of the principal action, upon a defendant's filing motions to quash the writs of garnishment issued upon those affidavits. The trial court granted the motion to quash the writs of garnishment upon determining before trial...

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