Matlock v. Babb
Oregon Supreme Court
From Umatilla: Stephen A. Lowell, Judge. On or about the seventeenth day of April, 1896, the plaintiff W. F. Matlock recovered a judgment in the Circuit Court of the State of Oregon for Umatilla County against the defendant W. H. Babb upon an indebtedness that had accrued prior to January 1,1892, for the sum of $1,870.53 and $25 costs and disbursements, and on December 19, 1896, recovered a second judgment in the same court against him for the sum of $2,304 and $26.40 costs…
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From Umatilla: Stephen A. Lowell, Judge. On or about the seventeenth day of April, 1896, the plaintiff W. F. Matlock recovered a judgment in the Circuit Court of the State of Oregon for Umatilla County against the defendant W. H. Babb upon an indebtedness that had accrued prior to January 1,1892, for the sum of $1,870.53 and $25 costs and disbursements, and on December 19, 1896, recovered a second judgment in the same court against him for the sum of $2,304 and $26.40 costs and disbursements. Writs of execution were duly issued thereon, and under the one issued upon the first judgment the…
1Opinion of the CourtJustice Wolverton
1. The appellants insist that the complaint is insufficient for two reasons: First, that it shows plaintiff has an adequate remedy at law under the.process of garnishment; and, second, that the facts stated do not entitle plaintiff to maintain a creditors’ suit in aid of, an execution at law, and, incidentally, that it fails to show the plaintiff had exhausted his remedy at law, or that he had procured a return nulla bona upon his executions. In support of the affirmative of the first question it is argued that the remedy by creditors’ bill in equity is superseded by the garnishee process and…
2Cases cited11 opinions
- Monroe v. Reid, Murdock & Co.Nebraska Supreme Court · 1895
- Pierstoff v. JorgesWisconsin Supreme Court · 1893
- Dawson v. SimsOregon Supreme Court · 1887
- Burt v. HœttingerIndiana Supreme Court · 1867
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
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