Porter v. Title Guaranty & Surety Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hou. Fremont Wood, Judge. An action for debt in which notice of garnishment is served. Answer filed by third party claiming interest in the fund; demurrer to answer; demurrer overruled.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hou. Fremont Wood, Judge. An action for debt in which notice of garnishment is served. Answer filed by third party claiming interest in the fund; demurrer to answer; demurrer overruled. “In the absence of statutory provisions prescribing the mode of assignment, no particular mode or form is necessary to effect a valid assignment of property, claims or debts so as to defeat the garnishment proceedings by the creditor of the assignor.” (20 Cyc. 1014, 1015; Page on Contracts, sec. 1277.) “Where the principal defendant…
1Opinion of the CourtStewart, C. J.
On the 27th day of June, 1908, John Porter, the respondent in this ease, recovered judgment in *316the district court of Ada county, Idaho, against John W. Monarch and W. S. Porter for the sum of $17,700, and on the 15th day of March, 1909, there was due and owing upon such judgment the sum of $14,700'; and upon said latter date the respondent, John Porter, caused execution to be issued uj>on said judgment and notice of garnishment to be served upon the Oregon Short Line R. Co., the supposed debtor to Monarch & Porter, judgment defendants. On December 29, 1909, the Oregon Short Line R. Co. filed…
2Cases cited16 opinions
- United States v. GillisSupreme Court of the United States · 1877
- National Bank of Commerce v. DownieSupreme Court of the United States · 1910
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- Wilson v. HarrisMontana Supreme Court · 1898
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- Gem State Lumber Co. v. Galion Irrigated Land Co.Idaho Supreme Court · 1935
- Nashua Manufacturing Company v. Hooper Trailer Sales, Inc., BankruptsCourt of Appeals for the Ninth Circuit · 1971
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