Legal Opinion

Cook v. Robinson

District Court, D. Alaska

Decided January 9, 1911No. 1528Published

This is a supplemental proceeding to an action instituted by Henry Cook, to recover from the defendant Robinson the sum of $10,950. The complaint in the above-entitled action was filed in this court on the 18th day of July, 1910, and the Fairbanks Banking Company, a corporation doing business in the town of Fairbanks, Alaska, was served with a writ of garnishment on the early morning of that date.

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This is a supplemental proceeding to an action instituted by Henry Cook, to recover from the defendant Robinson the sum of $10,950. The complaint in the above-entitled action was filed in this court on the 18th day of July, 1910, and the Fairbanks Banking Company, a corporation doing business in the town of Fairbanks, Alaska, was served with a writ of garnishment on the early morning of that date. To the garnishment thus served upon the Fairbanks Banking Company, the garnishee answered, to which answer the plaintiff excepted, and a hearing was had before this court, at which time the…

1Opinion of the Court

OVERFIEED, District Judge.

The briefs submitted by the attorneys are concerned only with the gold dust deposited by the defendant, Robinson, with the Fairbanks Banking Company, and which is claimed the property of the Howards.

The attorneys for the garnishee reason and submit authorities on the theory that Robinson, either on the 16th or 17th day of July, 1910, before leaving his claim on Dome creek, disposed of his property in the gold dust in question by having paid the same, to' all intents and purposes sold the same, to the Howards, in payment for their wages, covering a period of some…

2Cases cited3 opinions

  1. Hatch v. Oil Co.Supreme Court of the United States · 1879
  2. Wadhams v. BalfourOregon Supreme Court · 1898
  3. Noyes v. MarlottCourt of Appeals for the Ninth Circuit · 1907

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