Caplan v. Harte

OPINION

BIRDSALL, Judge.

The subject of this special action is an order of the respondent court approving a surety bond on replevin (for redelivery). Although we deny relief, we have assumed jurisdiction to consider petitioners’ challenge of the order since the matter is of importance to the bench and bar of this state.

Petitioners are the plaintiffs in a pending superior court action against Action Sand and Gravel Corporation (Action) and Mr. and Mrs. Scarmella. Petitioners’ two-count complaint alleged in Count One that Action had purchased certain equipment, as described therein, and had…