Mann v. W. A. Gordon Co.
Oregon Supreme Court
Prom Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Benson. On April 1,1914, S. C. Mann began an action against the W. A. Gordon Company, a corporation, for the recovery of $2,097.20, and on the same day a writ of attachment was issued therein. On April 10th the writ and a notice of garnishment were served upon R. L. Sabin, who was supposed to have in his possession certain funds belonging to the defendant corporation.
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Prom Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Benson. On April 1,1914, S. C. Mann began an action against the W. A. Gordon Company, a corporation, for the recovery of $2,097.20, and on the same day a writ of attachment was issued therein. On April 10th the writ and a notice of garnishment were served upon R. L. Sabin, who was supposed to have in his possession certain funds belonging to the defendant corporation. On April 23d, Sabin having failed to make any return under the garnishment proceedings, plaintiff filed a complaint, labeled “Allegations and Interrogatories,”…
1Opinion of the CourtJustice Benson
1. Respondent contends that the trial court never acquired jurisdiction of the proceeding, for the reason that no interrogatories were filed by appellant with his complaint. We cannot agree, however, with this position, for it appears to us quite clear that the allegations filed by plaintiff are sufficient to give the court jurisdiction, and we think that the case of Smith v. Conrad, 23 Or. 206 (31 Pac. 398), cited by respondent, fully sustains our view.
2. We therefore proceed to consider appellant’s assignments of error. These are several in number, but as counsel for appellant has properly…
2Cases cited2 opinions
- Smith v. ConradOregon Supreme Court · 1892
- Markham v. LovelandOregon Supreme Court · 1914
3Cited by3 opinions
- In re Wilson's EstateOregon Supreme Court · 1917
- Overturff v. CarrollOregon Supreme Court · 1923
- First Nat. Bank of Burns v. FrazierOregon Supreme Court · 1933