Barr v. Warner
Oregon Supreme Court
From Linn: GeO’. H. Burnett, Judge. This is an action by W. B. Barr against J. A. Warner to recover the reasonable value of a solar compass alleged to have been loaned to the defendant, who broke and neglected to return it.
Read the full summary
From Linn: GeO’. H. Burnett, Judge. This is an action by W. B. Barr against J. A. Warner to recover the reasonable value of a solar compass alleged to have been loaned to the defendant, who broke and neglected to return it. It is averred in the answer that after this action was commenced the parties agreed that the compensation in damages for such loss should be the sum of $93, and that upon the payment thereof, on or before a given date, the action would be dismissed; that prior to the day so appointed the sum agreed upon was garnished in the defendant’s hands to satisfy an execution issued…
1Opinion of the CourtJustice Moore
The question, presented for consideration is whether the notice of garnishment which stated that the debt due from the defendant to the plaintiff herein was attached bjr virtue of a writ of attachment, instead of stating that it was levied on by virtue of a writ of execution, was sufficient to render the defendant personally liable to respond to the judgment creditor in the writ to the extent of such debt. A garnishee may waive many irregularities in the notice of garnishment, and by his certificate or answer in response thereto submit himself to the jurisdiction of the court, and thus become…
2Cases cited19 opinions
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Bigelow v. AndressIllinois Supreme Court · 1863
- Steen v. NortonWisconsin Supreme Court · 1878
- Case v. NoyesOregon Supreme Court · 1888
- Hebel v. Amazon InsuranceMichigan Supreme Court · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Murphy v. BjelikOregon Supreme Court · 1917
- Edwards v. CaseOregon Supreme Court · 1915
- Adamson v. FrazierOregon Supreme Court · 1901
- Fraley v. HobanOregon Supreme Court · 1913