Bank of Pleasant Grove v. Johnson

Defendants make three assignments of error. (1) Denial of their motion to quash a writ of replevin, on the ground the affidavit did not meet the requirements of Rule 64B,1 thus rendering it technically and legally insufficient. (2) Denial of procedural due process, because they were deprived of this property without prior notice or hearing. (3) Dismissal of their counterclaim.

The three assignments are well taken. We should reverse, and remand for further proceedings to determine defendants’ damages. Costs should be awarded to defendants. References to rules are to U.R.C.P.

Plaintiff, Bank of…