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First National Bank of Anchorage v. Zawodny

Supreme Court of Alaska
Nov 30, 1979
602 P.2d 1254 (Alaska 1979)

Summary

In First National Bank of Anchorage v. Zawodny, 602 P.2d 1254, 1254 (Alaska 1979), we stated that "[o]ur Civil Rules contain provisions which should be used by our courts to ensure that the real contestants in interest are before it."

Summary of this case from Truckweld Equipment Co. v. Swenson Trucking

Opinion

No. 4188.

November 30, 1979.

Appeal from Superior Court, Third Judicial District, Ralph E. Moody, and J. Justin Ripley, JJ.

David A. Lawer, John R. Beard, Anchorage, for appellant.

John B. Patterson, John R. Strachan, Anchorage, for appellee.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.


OPINION


The issue in this case is whether a process server in possession of personal property by reason of a writ of attachment is subject to an action to recover the property brought by a third party claiming an interest superior to the lien of the attachment levy. We hold, in accordance with most authorities, that such an action will lie. In so holding we are of course aware that usually the process server's interest will be merely that of a stakeholder. Our Civil Rules contain provisions which should be used by our courts to ensure that the real contestants in interest are before it, and that a process server who has acted properly suffers no loss.

See Sleeper v. Wilson, 266 Mich. 218, 253 N.W. 274 (1934); Oklahoma State Bank v. Reading, 176 Okl. 253, 55 P.2d 752 (1936); Commercial Credit Corp. v. Dusckett, 114 Vt. 450, 49 A.2d 106 (1946); Confidential Loan Mortgage Co. v. Hardgrove, 259 Wis. 346, 48 N.W.2d 466 (1951). See also annot. 85 A.L.R. 668 (1933).

See Alaska R.Civ.P. 19 (Joinder of Persons Needed for Just Adjudication); Alaska R.Civ.P. 21 (Parties may be added by the court on its own initiative).

See, e.g., Alaska R.Civ.P. 88(f) and 89(g) (Court may require undertaking to indemnify the interest of process server). See also AS 09.40.310 which allows the process server to release the property unless the plaintiff indemnifies him against third party claims.

The judgment is reversed.


Summaries of

First National Bank of Anchorage v. Zawodny

Supreme Court of Alaska
Nov 30, 1979
602 P.2d 1254 (Alaska 1979)

In First National Bank of Anchorage v. Zawodny, 602 P.2d 1254, 1254 (Alaska 1979), we stated that "[o]ur Civil Rules contain provisions which should be used by our courts to ensure that the real contestants in interest are before it."

Summary of this case from Truckweld Equipment Co. v. Swenson Trucking
Case details for

First National Bank of Anchorage v. Zawodny

Case Details

Full title:THE FIRST NATIONAL BANK OF ANCHORAGE, APPELLANT, v. TOM ZAWODNY, APPELLEE

Court:Supreme Court of Alaska

Date published: Nov 30, 1979

Citations

602 P.2d 1254 (Alaska 1979)

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