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WEIR v. GALBRAITH

No. 6859.

92 Ariz. 279 (1962)

376 P.2d 396

W.L. WEIR, Frank Rodriquez and Catalina Rodriquez, his wife, and Emmett R. Feighner and Florence E. Feighner, his wife, Appellants, v. L.B. GALBRAITH dba L.B. Galbraith & Company, also Galbraith Realty and Arizona Title Guarantee & Trust Co., a corporation, Appellees.

Supreme Court of Arizona. In Division.

November 29, 1962.

Attorney(s) appearing for the Case

Emmett R. Feighner, Phoenix, for appellants.

Rawlins, Davis, Christy, Kleinman & Burrus, Phoenix, for appellees.

McFATE, Superior Court Judge.

This action was commenced in the trial court as a suit by the plaintiff, Galbraith, on a promissory note executed by defendant Weir, and a garnishment proceeding ancillary thereto. Trial in the principal action was before a jury. Trial of the garnishment action was before the court without a jury on an issue joined between the plaintiff and the garnishee-defendants. Judgment in each instance was for the plaintiff. (On September 22, 1959...

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