[Download] "Mervyn''s Inc. V. Superior Court" by Arizona Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Mervyn''s Inc. V. Superior Court
- Author : Arizona Supreme Court
- Release Date : January 28, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Mervyn's Inc. obtained a judgment against Sandra L. Huston for $341.54. About one month later, a Writ of Garnishment was issued to Valley National Bank (garnishee-bank) where she had an account. The garnishee-bank answered that it had a joint account in the name of Kenneth E. Huston or Sandra L. Huston containing funds sufficient to cover the garnishment. There was no judgment in favor of Mervyn's against Kenneth Huston, and, therefore, Mervyn's moved to join him as a party defendant pursuant to A.R.S. § 12-1595(C), which requires that "the court join all persons who appear to have an interest in the bank account in addition to the defendant as reflected by the answer of the garnishee * * *" The court granted Mervyn's motion. Accordingly, Mervyn's attempted to serve Kenneth Huston personally with the order of joinder but was unable to effectuate such service. Mervyn's, therefore, attempted to give notice to Kenneth Huston by service by publication pursuant to Rule 4(e)(1), Ariz.R.Civ.P., 16 A.R.S. After this service had been completed, however, the court refused to sign the judgment against the garnishee bank because the order joining Kenneth Huston was never personally served upon him.