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BEGAY v. ROBERTS

No. 1 CA-CV 89-454.

167 Ariz. 375 (1990)

807 P.2d 1111

Tony BEGAY, Petitioner-Appellant, v. Honorable Donald G. ROBERTS, Justice of the Peace, Page Precinct, County of Coconino, Small Claims Division, Respondent-Appellee, Richard SPECHT, dba Sandland Motors, Real Party in Interest-Appellee, Salt River Project, Garnishee, Defendant-Appellee.

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

Petition and Cross-Petition for Review Denied April 23, 1991.

Attorney(s) appearing for the Case

DNA-People's Legal Services, Inc. by Otto H. Van Maerssen, Catherine M. Van Maerssen, Tuba City, for petitioner-appellant.

Aspey, Watkins & Diesel by Bruce S. Griffen, Wendy F. White, Flagstaff, for real party in interest-appellee Richard Specht.

Yvonne Hunter, Phoenix, for garnishee, defendant-appellee Salt River Project.

OPINION

GRANT, Chief Judge.

This case raises the question of whether Arizona courts have jurisdiction to garnish wages payable to an Indian living and working on a reservation. In a special action, the Coconino County Superior Court upheld the justice court's jurisdiction to issue two writs of garnishment against appellee/garnishee Salt River Project. For the reasons explained below, we conclude there was no jurisdiction to issue the writs of garnishment....

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