Barr v. Rader
Oregon Supreme Court
From Grant: Morton D. Clifford, Judge. This is an action by Emmet Barr against George Rader to recover damages for the alleged wrongful seizure, detention, and sale of certain personal property.
Read the full summary
From Grant: Morton D. Clifford, Judge. This is an action by Emmet Barr against George Rader to recover damages for the alleged wrongful seizure, detention, and sale of certain personal property. The facts are that on November 14, 1892, the defendant George Rader, by consideration of the Circuit Court of Grant County, obtained a judgment against the plaintiff, Emmet Barr, for the sum of $114.24, and caused an execution to be issued thereon, in pursuance of which J. D. Combs, sheriff of said county, by direction of Rader, served a notice of garnishment upon Messrs. Harrer Brothers, who, in…
1Opinion of the Court
Mr. Ohiee Justice Moore,
after stating the facts, delivered the opinion of the court.
The right of the plaintiff to maintain this action depends upon the authority of the sheriff to accept as *227payment pro tanto upon the judgment in the original action the certificate of Harrer Brothers to a notice of garnishment, acknowledging their indebtedness to Barr. The plaintiff contends that the sheriff, on his behalf, entered into a contract with Bader by which it was agreed that the amount so admitted to be due from Harrer Brothers to Barr should be indorsed as a payment on the writ, while the defendant…
2Cited by3 opinions
- Fleishman v. MeyerOregon Supreme Court · 1905
- Barr v. RaderOregon Supreme Court · 1898
- Seaweard v. De ArmondOregon Supreme Court · 1921