Guerin v. Higgins

PHELPS, Justice.

The parties will be referred to in this-opinion as plaintiffs and defendants according to the record in the trial court.

Plaintiffs were engaged in construction work in a number of western states as a copartnership under the names of Guerin Brothers with their principal place of business located in San Francisco, California. They also buy, sell, repair, recondition and rent equipment including caterpillar tractors used in heavy construction work.

In March, 1947, plaintiffs filed two separate replevin actions in the Superior Court of Maricopa County, one against defendant Harold…