Smith v. Conrad
Oregon Supreme Court
Multnomah County: E. D. Shattuck, Judge. Defendants appeal. Ths facts in this case are as follows: One Rudolph Nemitz failed in the restaurant business in Albina; and being unable to pay some importunate creditors, he was set upon and imprisoned on civil process. For the purpose of giving bail, a friend of his deposited $200 in the hands of B. M. Smith, respondent, to indemnify the surety on the bail bond agains.t loss.
Read the full summary
Multnomah County: E. D. Shattuck, Judge. Defendants appeal. Ths facts in this case are as follows: One Rudolph Nemitz failed in the restaurant business in Albina; and being unable to pay some importunate creditors, he was set upon and imprisoned on civil process. For the purpose of giving bail, a friend of his deposited $200 in the hands of B. M. Smith, respondent, to indemnify the surety on the bail bond agains.t loss. This $200 was garnished by Conrad & Schafer in Smith’s hands, and he made a full answer that he owed Nemitz nothing. Plaintiffs did not make a showing that they were…
1Opinion of the CourtBean, J.
The plaintiff in this proceeding was duly served with a copy of a writ of attachment in an action at law in a justice’s court, together with a notice specifying that all money or other property in his possession or under his control belonging to the defendant in the action was attached; and his. certificate in response thereto, *210being unsatisfactory to the plaintiff, he was ordered and required by the court to appear before it on the ninth day of September, 1891, and be examined on oath concerning the same. On the fifth of the same month,'— four days before the time fixed in the order, — he…
2Cases cited5 opinions
- Case v. NoyesOregon Supreme Court · 1888
- Jordan v. BrownSupreme Court of Iowa · 1887
- Garretson v. Hays Bros.Supreme Court of Iowa · 1886
- Dawson v. MariaOregon Supreme Court · 1888
- Case v. NoyesOregon Supreme Court · 1888
3Cited by17 opinions
- Willis v. HolmesOregon Supreme Court · 1895
- McLeod v. Tecorp International, Ltd.Oregon Supreme Court · 1993
- Caldwell Backing & T. Co. v. PorterOregon Supreme Court · 1908
- Keene v. SmithOregon Supreme Court · 1904
- Burns v. PayneOregon Supreme Court · 1897
12 more not listed; retrieve them via the Exa API.