Despain v. Crow
J. DESPAIN v. W. P. CROW
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
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.
Cited by 4 cases
View all citing references →Relies on it most ⓘ
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.