Caldwell Backing & T. Co. v. Porter
Oregon Supreme Court
From Malheur: George E. Davis, Judge. This is an action by the Caldwell Banking & Trust Company, against F. L. Porter, Thomas Jones and E. H. Test, co-partners, doing business under the firm name of Porter, Jones & Test, defendants, in which action the First National Bank of Ontario was summoned to appear and answer as garnishee. From a directed verdict in favor of plaintiff, and the judgment rendered thereon, the defendant garnishee appeals.
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From Malheur: George E. Davis, Judge. This is an action by the Caldwell Banking & Trust Company, against F. L. Porter, Thomas Jones and E. H. Test, co-partners, doing business under the firm name of Porter, Jones & Test, defendants, in which action the First National Bank of Ontario was summoned to appear and answer as garnishee. From a directed verdict in favor of plaintiff, and the judgment rendered thereon, the defendant garnishee appeals. Statement by Mr. Chief Justice Bean. On September 29, 1906, F. L. Porter, Thomas Jones, and E. H. Test, partners in the sheep business in Malheur…
1Opinion of the Court
*323Opinion by
Mr. Chief Justice Bean.
1. The defendant’s motion to dismiss the proceeding and discharge the garnishee from liability because of the failure of plaintiff to appear at the time and place mentioned in the order requiring the garnishee to appear and be examined on oath concerning the matters stated in its answer to the garnishee process, was waived by defendant. It subsequently answered, and proceeded to trial without objection, and without asking or requesting a ruling on the motion.
2. Nor is there ány merit in the objection made at the opening of the case to the admission of any…
2Cases cited29 opinions
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Cannon v. LindseySupreme Court of Alabama · 1887
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- Case v. NoyesOregon Supreme Court · 1888
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