Allaire v. Laurel Canyon Mining Co.
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Graham. A. G. McAlister, Judge. STATEMENT OP PACTS. Thomas Allaire commenced this proceeding of garnishment on a judgment in his favor against the Laurel Canyon Mining Company, serving the First National Bank of Globe as garnishee.
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APPEAL from a judgment of the Superior Court of the County of Graham. A. G. McAlister, Judge. STATEMENT OP PACTS. Thomas Allaire commenced this proceeding of garnishment on a judgment in his favor against the Laurel Canyon Mining Company, serving the First National Bank of Globe as garnishee. The garnishee made its answer, showing that the Laurel Canyon Mining Company, judgment debtor, prior to the service of the writ of garnishment, had empowered the bank, in writing, to receive from lessees of the debtor’s mines all payments of rent as they accrue on its mines to the amount of $25,000…
1Opinion of the CourtCunningham, C. J.
(After Stating the Facts as Above.) — The issue joined and tried involved the inquiry whether or not the money paid to the bank by Ruff and Carlson, lessees, as payment of rent on a lease for the occupation of mines belonging to the Laurel Canyon Mining Company, received by the bank and paid to the hank pursuant to instructions of the Laurel Canyon Mining Company, and held by the bank to be distributed to the creditors of the Laurel Canyon Mining Company pro rata, subjected the hank to the garnishment process as one indebted to the defendant mining company while holding such money —…
2Cases cited2 opinions
- Smith v. DavisWisconsin Supreme Court · 1853
- Strayhorn v. . WebbSupreme Court of North Carolina · 1855
3Cited by1 opinion
- Hinkle v. KennySupreme Court of Oklahoma · 1936