Consolidated National Bank of Tucson v. Reiniger Mining & Smelting Co.

This is an appeal by defendants from a judgment entered by the trial court against them in favor of the plaintiff in the sum of $1464.45.

Plaintiff brought its action in the court below to recover upon a judgment rendered the twenty-ninth day of March, 1920, in the Superior Court of the County of Maricopa, State of Arizona, in an action entitled George A. Kennedy, Plaintiff, v. The Reiniger Mining and Smelting Company, a Corporation, and Charles P. Reiniger, Defendants. In said action the plaintiff caused a writ of garnishment to be issued and served on the Consolidated National Bank of Tucson, Arizona, the plaintiff in the present case. The bank failed to answer said writ, and after judgment was rendered against the defendants in said action and on the same day, the plaintiff entered a judgment by default against said garnishee for the same amount as the primary judgment. The defendants in their answer to plaintiff’s complaint admit that at the time said writ of garnishment was served on said Consolidated National Bank that it was not indebted to defendants or either of them and that it had no money or other property of either of the defendants. Both judgments were rendered…