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THORNTON v. CARSON

No. 11962.

111 Ariz. 490 (1975)

533 P.2d 657

Louise THORNTON and John Doe Thornton, her husband, dba Louise Draperies, Petitioners, v. Dorothy CARSON, Judge of the Superior Court of the State of Arizona in and for the County of Maricopa, Respondent; and INDUSTRIAL SEWING MACHINE EXCHANGE, INC., an Arizona Corporation, Real Party in Interest.

Supreme Court of Arizona, In Banc.

April 3, 1975.

Attorney(s) appearing for the Case

Solomon, Relihan & Blake by Ralph J. Blake, Phoenix, for petitioners.

Robert A. L'Ecuyer, Phoenix, for real party in interest.

CAMERON, Chief Justice.

We accepted jurisdiction of this petition for special action to consider the constitutionality of Arizona's replevin statute, A.R.S. § 12-1301 et seq.

The facts necessary for a determination of this matter are as follows. On 29 April 1974, the petitioners, drapery manufacturers, entered into a contract with the Industrial Sewing Machine Exchange, Inc., an Arizona corporation, to buy a new U.S. Blindstitch industrial sewing machine...

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