Arizona Department of Economic Security v. Arizona Bank

CAMERON, Justice.

This is an appeal by the Department of Economic Security (DES) from an order of the trial court allowing the garnishee, the Arizona Bank, to deduct its answering fee costs against the funds garnisheed. We have jurisdiction pursuant to Rule 19(e), Arizona Rules of Civil Appellate Procedure, 17A A.R.S.

*134The only question we must answer on appeal is whether a garnishee’s costs may be taxed against the garnishment fund in the possession of the garnishee.

The facts are not in dispute. On 31 January 1974, DES obtained a $3,370 judgment against Robert J. Jaye Plumbing Company, for…