American Surety Company of New York v. Nash

UDALL, Chief Justice.

Appellee brought action in the Superior Court of Maricopa County to recover the sum of $23,950 representing damages sustained by reason of a wrongful writ of garnishment issued against him. Appellant was surety on the garnishment bond. Judgment was rendered against the surety. No Findings of Fact and Conclusions of Law were requested and none were made.

The essential facts brought out during the trial show that on June 16, 1954, D. W. Simpson purchased certain mercury mining claims located in Maricopa County, Arizona, together with the improvements and mining equipment…