Legal Opinion

AMVESCO, Inc. v. Haase

Court of Appeals of Oregon

Decided April 22, 1987No. 16-83-01887; CA A37859Published

1Per curiam

Defendant Haase appeals from an order denying his motion to set aside a writ of garnishment issued on a judgment not yet final under ORCP 67B1 and a sheriffs sale of certain stock owned by Haase which followed. For the reasons set forth in Gull Industries v. Mustang Gas and Oil Co., 73 Or App 557, 699 P2d 1134, rev den 299 Or 583 (1985), we hold that the writ of garnishment was void and that the subsequent sheriffs sale was likewise void. See also Ketcham v. Selles, 85 Or App 74, 735 P2d 1246 (1987). The fact that the intermediate order later became final does not have the effect of…

2Cases cited3 opinions

  1. State Ex Rel. Juvenile Department v. HollandOregon Supreme Court · 1981
  2. Gull Industries, Inc. v. Mustang Gas & Oil Co.Court of Appeals of Oregon · 1985
  3. Ketcham v. SellesCourt of Appeals of Oregon · 1987

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