National Exhibition Company v. Marx

MOLLOY, Judge.

Appellant, garnishee-defendant in the court below, seeks to set aside a default judgment entered on a writ of garnishment issued on behalf of appellee, plaintiff in the original action. The legal question involved is whether service of a writ of garnishment upon a hotel bookkeeper or “payroll master” is effective service upon its foreign corporate owner.

It is appellant’s contention that a bookkeeper is not a proper person upon whom service of process could be made pursuant to the terms of Rule 4(d), par. 6, of the Rules of Civil Procedure, 16 A.R.S. With the exception of…