Brower Lumber Co. v. Miller
Oregon Supreme Court
Appeal from Multnomah: Hartwell Hurley, Judge. This case is here on appeal from a judgment in proceedings against garnishees. On May fifth, eighteen hundred and ninety-four, the Brower and Thompson Lumber Company commenced an action against Miller and Giddings, and recovered a judgment therein for three hundred and twenty-eight dollars and fifty-nine cents.
Read the full summary
Appeal from Multnomah: Hartwell Hurley, Judge. This case is here on appeal from a judgment in proceedings against garnishees. On May fifth, eighteen hundred and ninety-four, the Brower and Thompson Lumber Company commenced an action against Miller and Giddings, and recovered a judgment therein for three hundred and twenty-eight dollars and fifty-nine cents. When the action was commenced a writ of attachment was issued, and Hamilton and Howard were served with garnishee process, to which they first made answer that they were indebted to Miller and Giddings in the sum of two hundred and…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
We presume that if Powell, Aschenbrenner, Kruger, and Hyde each has an action directly against the garnishees upon their several demands, the fact that such rights of action exist would constitute a good defense to an action by Miller and Giddings against the garnishees; and if good against Miller and Giddings, it would also constitute a sufficient defense under the garnishee process. It is intimated, but not strongly insisted upon, that Wickliff’s bond to the city forms a sufficient basis upon which actions by Powell and others against the garnishees may be…
2Cases cited12 opinions
- Burton v. LarkinSupreme Court of Kansas · 1887
- Durnherr v. . RauNew York Court of Appeals · 1892
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Parker v. JefferyOregon Supreme Court · 1894
- Washburn v. Interstate Investment Co.Oregon Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Feldman v. McGuireOregon Supreme Court · 1899
- Home v. SellingOregon Supreme Court · 1919
- Montgomery v. RiefUtah Supreme Court · 1897
- Southwestern Portland Cement Co. v. WilliamsNew Mexico Supreme Court · 1926
- Kiernan v. KratzOregon Supreme Court · 1902
10 more not listed; retrieve them via the Exa API.