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14 Or. 404

Despain v. Crow

Oregon Supreme Court

Decided January 18, 1887

Oregon Supreme Court · decided 1887-01-18

<p>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.</p>

Cited by 3 later decisions — most recently January 1916

3 state decisions

Relies on Norton v. Winter

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1887-01-18

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Strahan, J.

¶1This 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.

¶2Let the decree be affirmed.

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