Childers v. Brown
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Harris. J. I. Myers commenced an action to recover money from James H. Childers, and on the next day, November 24, 1915, caused Ben J. Brown, the sheriff of Malheur County, to attach and take into his custody a team, wagon and harness owned by Childers. On December 10, 1915, Childers commenced this action to replevin the attached property by filing a complaint which contains the usual allegations.
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From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Harris. J. I. Myers commenced an action to recover money from James H. Childers, and on the next day, November 24, 1915, caused Ben J. Brown, the sheriff of Malheur County, to attach and take into his custody a team, wagon and harness owned by Childers. On December 10, 1915, Childers commenced this action to replevin the attached property by filing a complaint which contains the usual allegations. The answer justifies the taking by averring the attachment. The reply seeks to avoid the effect of the attachment by claiming…
1Opinion of the CourtJustice Harris
“The principal issues,” quoting from the abstract of record filed by defendant, “are: Does the new matter set up in the reply plead statutory exemption? And, was the judgment based on sufficient evidence?” The questions can best be answered by first directing attention to the language of the statute and noting its scope and meaning.
1, 2. The material part of the statute, which measures the rights of the plaintiff, reads thus:
“All property # * of the judgment debtor, shall be liable to an execution, except as in this section provided. The following property shall be exempt from execution, if…
2Cases cited12 opinions
- State v. YoungOregon Supreme Court · 1915
- Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896
- Stanton v. FrenchCalifornia Supreme Court · 1891
- Blackford v. BoakOregon Supreme Court · 1914
- Stewart v. McClungOregon Supreme Court · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Slope County Ex Rel. Board of County Commissioners v. Consolidation Coal Co.North Dakota Supreme Court · 1979
- Julius v. DruckreyWisconsin Supreme Court · 1934
- Gordon v. Curtis Bros.Oregon Supreme Court · 1926
- Allen v. United States National BankOregon Supreme Court · 1947
- McLean v. State Industrial Accident CommissionOregon Supreme Court · 1950
10 more not listed; retrieve them via the Exa API.