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Gillespie Land and Irrigation Company v. Jones

Supreme Court of Arizona

December 17, 1945

GILLESPIE LAND AND IRRIGATION COMPANY, a Corporation, Appellant,
v.
JOHN C. JONES and ALLISON COKE JONES, His Wife, Appellees

APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge.

Judgment affirmed.

Mr. Louis B. Whitney, for Appellant.

Messrs. Armstrong & Spector, and Messrs. Wilson & Wilson, for Appellees.

Blake, Superior Judge. Stanford, C. J., and Morgan, J., concur.Note: Judge ARTHUR T. LaPRADE being disqualified, the Honorable BENJAMIN BLAKE of the Superior Court of Graham County was called to sit in his stead.

OPINION

Blake, Superior Judge.

[63 Ariz. 536] Appellees recovered a judgment against Bernard A. Gillespie in the Superior Court of Maricopa County and thereafter writs of

Page 457

garnishment were issued out of said court, directed to various persons and corporations as garnishees, among whom was appellant, an Arizona corporation.

Supplemental proceedings were had on the writs of garnishment, which were dismissed as to all parties except appellant against whom appellees were given judgment on the issue in garnishment for the amount of the original Jones judgment. This appeal was taken by appellant from the judgment against it as garnishee.

Appellant in its brief states: The only issue to be determined by this court is: Was the garnishee indebted to defendant Gillespie at the time the writ of garnishment was served, or at the time the answer was filed?

And as bearing on this issue, appellant assigns as error certain findings of fact of the lower court, to-wit:

[63 Ariz. 537] I. ". . . that B. A. Gillespie, since the year 1940, has been receiving from the Gillespie Land & Irrigation Company the sum of $ 12,000.00 per year . . ."

II. "9. The court further finds that there is no evidence of any indebtedness due to the Gillespie Land & Irrigation ...


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