(Download) "Giragi v. Moore" by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Giragi v. Moore
- Author : Arizona Supreme Court
- Release Date : January 29, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
We did not intend to do what the appellant charges, and we hardly think the language it employs represents the situation, factually or legally. In our statement of the case, we tried to set out in as little space as possible the essential or necessary facts to a correct decision of the questions involved, but in doing so we failed to state that Katherine Lee, the fourteen year old daughter of the defendant and in whose name the defendant carried his account with the garnishee bank was, under the direction of the court, made a party to the garnishment proceeding and that her guardian ad litem, Ivan Robinette, for and in her behalf, filed an answer putting in issue plaintiffs claim that the money on deposit in the garnishee bank was the money of defendant Frank Healy. In her answer she denied that the money on deposit in her name was her fathers, but asserted that it belonged to her. We suppose that it was on account of this omission that appellant contends we did not decide the case presented but some other case. If Katherine Lee had not been made a party, the funds in controversy being in her name, the court would not have had jurisdiction to decide that the funds were not hers. Before that could have been done, she was entitled to her day in court. Townsend v. Webster Five Cents Sav. Bank, 143 Mass. 147, 9 N.E. 521. So, while the fact of jurisdiction over Katherine Lee and the funds existed, we failed to so state. It was so firmly fixed in our minds that we must have assumed that it would not be questioned.