Valley Drive-In theatre Corp. v. Superior Court

Valley Drive-in Theatre Corporation, as plaintiff, brought suit in the superior court of Pima County against Benson Highway Theatre Corporation, defendant, upon a conditional sales contract, alleging default on the contract and right thereunder to immediate possession of drive-in theatre equipment covered by the contract. Upon giving of a bond of $80,000 in accordance with the provisions of section 27-1603, A.C.A.1939, a writ of replevin was issued. Defendant filed a petition in the action for order enjoining the execution of the writ of replevin upon the ground that there was no default on the contract; that plaintiff therein was a competitor seeking by this means to drive defendant out of business; that plaintiff had made threats to use force in taking repossession of the equipment and had wrongfully interfered with defendant in the performance of the contract. The petition further alleged that the statutory remedy of posting redelivery bond to retain possession of the property was inadequate and that defendant would suffer irreparable damage if the relief as prayed for was not granted. After issuance of a temporary restraining order in accordance with the petition, a hearing was had as a result of which the court made findings of fact and conclusions of law and rendered judgment granting a preliminary injunction, upon the defendant giving a $100 bond, restraining and enjoining petitioner herein and its agents, including the sheriff and his deputies, from executing or enforcing the writ of replevin and ordering them to refrain and desist from repossessing the property until final judgment in the action. Plaintiff filed petition requesting a writ of prohibition to prohibit the trial court from doing any action or thing or taking any further proceeding in connection with the injunction. Alternative writ of prohibition was issued by this court.