Prudential Trust Co. v. Merchants' Nat. Bank
Oregon Supreme Court
From Multnomah: William: N. Gatens, Judge. Department 2. Statement by Mr. Justice Bean. This is a proceeding subsequent to garnishment. The plaintiff, the Prudential Loan & Trust Company, a corporation, brought an action against J. J. Metzler upon a promissory note. Judgment was rendered against the defendant by default.
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From Multnomah: William: N. Gatens, Judge. Department 2. Statement by Mr. Justice Bean. This is a proceeding subsequent to garnishment. The plaintiff, the Prudential Loan & Trust Company, a corporation, brought an action against J. J. Metzler upon a promissory note. Judgment was rendered against the defendant by default. Prior to the judgment the plaintiff served two garnishment notices upon the Merchants’ National Bank, one on the 8th day of November, 1911, and the other on the 11th day of November, 1911. To both garnishments the bank answered, certifying that it had no funds belonging to…
1Opinion of the CourtJustice Bean
1. The garnishee contends that the evidence does not sustain the findings made by the trial court. Section 319, L. O. L., provides that the issues in such a proceeding shall be tried as ordinary issues of fact. The ownership of the funds was the only issue raised. The burden of proof was upon the plaintiff.
2. In an action at law, tried by the court without a jury, the findings of the trial court are equivalent to the verdict of a jury: Section 159, L. O. L. In such a case, this court upon appeal will examine only the testimony in order to ascertain if there is any competent evidence to…
2Cases cited10 opinions
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Silisbee State Bank v. French Market Grocery Co.Texas Supreme Court · 1910
- Archer v. People's Savings BankSupreme Court of Alabama · 1889
- Singer v. Pearson-Page Co.Oregon Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Walters v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1937
- First Bank of Whiting v. Samocki Bros. Trucking Co.Indiana Court of Appeals · 1987
- Brondum v. RosenblumMississippi Supreme Court · 1928
- Coastal Adjustment Bureau, Inc. v. HutchinsOregon Supreme Court · 1961
- Eugene v. LowellOregon Supreme Court · 1914
13 more not listed; retrieve them via the Exa API.