Johnston v. Barrills
Oregon Supreme Court
Appeal from Wasco: W. L. Bradshaw, Judge. This is a proceeding to establish and enforce a preferred claim to the .proceeds arising from the sale of attached property. The facts are that T. H. Johnston and G-. W. Johnston, partners doing business under the firm name of Johnston Brothers, having commenced an action against one Joseph Barrills, had a quantity of grain, the property of the defendant, attached to satisfy any judgment which they might obtain against him.
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Appeal from Wasco: W. L. Bradshaw, Judge. This is a proceeding to establish and enforce a preferred claim to the .proceeds arising from the sale of attached property. The facts are that T. H. Johnston and G-. W. Johnston, partners doing business under the firm name of Johnston Brothers, having commenced an action against one Joseph Barrills, had a quantity of grain, the property of the defendant, attached to satisfy any judgment which they might obtain against him. Within ten days thereafter the claimants, James Brown and J. D. Jones, partners, doing business under the firm name of Brown and…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
Two questions are presented by the record for our consideration: (1) The sufficiency of the exceptions to the statement filed by the claimants; and, (2) whether they are entitled to be considered preferred creditors under the provisions of the act. The statute (Laws, 1891, page 81, § 1,) in substance provides that any person interested in the property which is sought to be subjected to the preferred claim of a laborer or employe may contest the claim, or any part thereof, by filing exceptions thereto, supported by affidavit, in the court having jurisdiction of the…
2Cases cited3 opinions
- Newell v. . NicholsNew York Court of Appeals · 1878
- Black v. SippyOregon Supreme Court · 1888
- Campfield v. LangU.S. Circuit Court for the District of Eastern Wisconsin · 1885
3Cited by20 opinions
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- State v. Louisville & Nashville RailroadIndiana Supreme Court · 1911
- Stringham v. Mutual Ins.Oregon Supreme Court · 1904
- Kiernan v. KratzOregon Supreme Court · 1902
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
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