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Despain v. Crow

J. DESPAIN v. W. P. CROW

Despain v. Crow, 12 P. 806 (Or. 1887)
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Court
Oregon Supreme Court · State Highest Courts
Decided
January 18, 1887
Judges
Strahan
Citations
12 P. 80614 Or. 4041887 Ore. LEXIS 16
Disposition
Affirmed.
Headnotes
Garnishment oh Judgment Debtor.—Stare Decisis.—The doctrine announced in Norton v. Winter, 1 Or. 47, that a judgment debtor cannot be garnished by a creditor of the judgment creditor, adhered to upon the principle of stare decisis.
Summary
Umatilla County. Defendants appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Strahan

Text extracted by OCR from a scanned original; check the original for exact wording.

Strahan, J.

This is an agreed case under the statute, and its sole purpose is to determine whether or not the defendant in a judgment can be garnished by a creditor of the plaintiff therein. The case has been argued with much learning and research by counsel on each side, and our attention has been drawn to the conflicting authorities; but the question was considered and settled at an early period of our judicial history, and we decline to reopen it. (Norton v. Winter, 1 Or. 47 .) Courts will sometimes overrule their own decisions, where they plainly appear to have been wrong in principle, or where a correct principle has been improperly applied, but not where the authorities are simply in conflict. In such case, stare decisis applies with peculiar force.

Let the decree be affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 21914: 11916: 119132026peak 1913 · 2

Relies on it most ⓘ

  1. State v. Port of Astoria154 P. 399 (Or. 1916) · Dissent
  2. Kalich v. Knapp142 P. 594 (Or. 1914) · Dissent
  3. Putnam v. Pacific Monthly Co.130 P. 986 (Or. 1913) · Dissent
  4. State v. McAllister136 P. 354 (Or. 1913)

Most recent

  1. State v. Port of Astoria154 P. 399 (Or. 1916) · Dissent
  2. Kalich v. Knapp142 P. 594 (Or. 1914) · Dissent
  3. State v. McAllister136 P. 354 (Or. 1913)
  4. Putnam v. Pacific Monthly Co.130 P. 986 (Or. 1913) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Norton v. Winter, 1 Or. 47 (1853) 3

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