Willis v. Holmes
Oregon Supreme Court
Appeal from Douglas: J. O. Fullerton, Judge. This is a garnishment proceeding by P. L. Willis against M. B. Holmes and G. A. Smith, garnishee. On or prior to September sixth, eighteen hundred and ninety-three, the plaintiff commenced an action against Holmes to recover money, and caused a writ of attachment to be issued and served upon Smith, with notice that all money due from him to Holmes was thereby garnished.
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Appeal from Douglas: J. O. Fullerton, Judge. This is a garnishment proceeding by P. L. Willis against M. B. Holmes and G. A. Smith, garnishee. On or prior to September sixth, eighteen hundred and ninety-three, the plaintiff commenced an action against Holmes to recover money, and caused a writ of attachment to be issued and served upon Smith, with notice that all money due from him to Holmes was thereby garnished. Subsequently, and on December third, eighteen hundred and ninety-three, he recovered a judgment against Holmes for the sum of one thousand two hundred and seventy dollars and thirty…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
*2681. The record discloses that after the jury had been impanelled and the case stated by counsel, the plaintiff claimed that, as the only issue in the case was one of payment, the burden of proof was on the garnishee, and that he should, therefore, submit his evidence first, which he declined and refused to do, whereupon the plaintiff moved for judgment on the pleadings, which was denied, and such ruling is assigned as error. The motion, under the circumstances, was properly overruled. There was an issue of fact presented by the pleadings for determination, and,…
2Cases cited7 opinions
- Conselyea v. . SwiftNew York Court of Appeals · 1886
- Smith v. ConradOregon Supreme Court · 1892
- Wolffe v. NallSupreme Court of Alabama · 1878
- Bradley, Wheeler & Co. v. HarwiSupreme Court of Kansas · 1890
- Curtis v. PerryNebraska Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Epplett v. Empire Inv. Co.Oregon Supreme Court · 1921
- In Re Idleman's CommitmentOregon Supreme Court · 1933
- Caldwell Backing & T. Co. v. PorterOregon Supreme Court · 1908
- Murphy v. PanterOregon Supreme Court · 1912
- Smith v. MillsOregon Supreme Court · 1924
15 more not listed; retrieve them via the Exa API.