Investment Service Co. v. Smither

Plaintiff obtained a judgment against defendant Edythe E. Smither in excess of $74,985 in October, 1974, which remains unsatisfied. A writ of execution was issued on the judgment and notice of garnishment was served on the garnishee, Arthur W. Smither, as to any property in his possession belonging to defendant Edythe Smither. The garnishee made a return thereon of "nothing.”

Thereafter, allegations against the garnishee were filed (ORS 29.310) alleging that on July 15, 1974, defendant Edythe Smither executed and delivered to garnishee Arthur Smither a promissory note for the sum of $64,000…