Overturff v. Carroll
Oregon Supreme Court
From Clatsop: J. A.. Eakin, Judge. Department 1. This is an appeal by a garnishee from a judgment rendered under the authority of Section 320, Or.
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From Clatsop: J. A.. Eakin, Judge. Department 1. This is an appeal by a garnishee from a judgment rendered under the authority of Section 320, Or. L. On March 28, 1921, C. Overturff, the plaintiff and respondent, obtained in the Circuit Court for Clatsop County a judgment against the defendants J. Howard Carroll, Charles A. Fertig and "W. T. Moore, doing business under the assumed name of Forest Products Sales Co., for the sum of $467, with costs and disbursements amounting to $7.20. On the following day the plaintiff caused a writ of execution to be placed in the hands of the sheriff of…
1Opinion of the CourtHareis, J.
The garnishee contends that in two important particulars the allegations and interrogatories are not sufficient, when regarded as the plaintiff’s complaint, to support the judgment.
The plaintiff avers in the allegations that—
“On the 28th day of March, 1921, the plaintiff herein secured a valid judgment duly and originally entered in the above entitled court and cause against the defendants, J. Howard Carroll, Charles A. Fertig and W. T. Moore, doing business under the assumed name of Forest Products Sales Co. for the sum of $467 together with the further sum of $7.20 costs, and that said…
2Cases cited19 opinions
- Baker v. EglinOregon Supreme Court · 1884
- Case v. NoyesOregon Supreme Court · 1888
- Catlin v. JonesOregon Supreme Court · 1906
- Rutenic v. HamakarOregon Supreme Court · 1902
- Prudential Trust Co. v. Merchants' Nat. BankOregon Supreme Court · 1913
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3Cited by5 opinions
- Argonaut Insurance v. Ketchen, Fireman's Fund InsuranceOregon Supreme Court · 1966
- Eisele v. Knight, Northern InsuranceOregon Supreme Court · 1963
- Lansdowne v. Les Schwab Tire Center of Oregon, Inc. (In Re B-Way Construction)United States Bankruptcy Court, D. Oregon · 1986
- Credit Service Co. v. PetersOregon Supreme Court · 1925
- Jeffries v. PankowOregon Supreme Court · 1924