Andrew Brown Company v. Painters Warehouse, Inc.

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 that the plaintiff’s allegations in his affidavits of garnishment were false. After quashing the writs, the trial court granted a…