San Fernando Motors, Inc. v. Fowler

HATHAWAY, Judge

(specially concurring).

Although I agree with the result reached by the majority, I cannot agree with their interpreting A.R.S. § 12-1574 to require that the sheriff or constable issue a summons when the writ issued by the clerk of the court could easily suffice if couched in language to apprise the party to be summoned of the possible consequences of his failure to respond. The useless requirement that the officer traditionally looked to for summonsing by service of the writ, must now issue a summons, serves only to clutter procedure. Courts should strive to streamline where possible and not breathe life into and perpetuate an acknowledged useless procedure which is not required nor intended when the garnishment statutes are considered in their entirety.