Josephi v. Furnish
Oregon Supreme Court
Appeal from Umatilla: Morton D. Clifford, Judge. This is an action by D. E. Josephi against W. J. Furnish to recover the possession of a certain stock of jewelry seized on legal process as the property of one William Wilkinson, of Pendleton, Oregon.
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Appeal from Umatilla: Morton D. Clifford, Judge. This is an action by D. E. Josephi against W. J. Furnish to recover the possession of a certain stock of jewelry seized on legal process as the property of one William Wilkinson, of Pendleton, Oregon. The defendant justifies the taking as sheriff of Umatilla County, under several valid writs of attachment duly issued about November seventh, eighteen hundred and ninety-three, in causes pending against Wilkinson, and alleges that Wilkinson was the owner of the property when it was attached. As a further defense he alleges that on or about the…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. Appellant contends that the assignment by Wilkinson for the benefit of his creditors prior to the entry of judgments against him in said actions dissolved the attachments proprio vigore, and the sheriff could no longer hold the property thereunder. To state the point briefly, suppose A attaches the goods of B, B assigns to D, and C, claiming under B, brings replevin against A. Now A justifies under the attachment, and 0, to defeat the justification, pleads the assignment, claiming that thereby the attachment is dissolved, and the goods discharged from the…
2Cases cited9 opinions
- Pence v. WaughIndiana Supreme Court · 1893
- State v. FitzhughOregon Supreme Court · 1867
- Winchester & Partridge Manufacturing Co. v. CrearySupreme Court of the United States · 1885
- Trapnell v. ConklynWest Virginia Supreme Court · 1892
- Krewson v. PurdomOregon Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. SteevesOregon Supreme Court · 1896
- State v. DunnOregon Supreme Court · 1909
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Quillin v. ColquhounIdaho Supreme Court · 1926
- State v. DealOregon Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.