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STUMBO v. PAUL B. HULT LUMBER CO.

444 P.2d 564 (1968)

Robert G. STUMBO and Allan D. Stumbo, Copartners, Dba Stumbo Brothers Logging Co., Respondents, v. PAUL B. HULT LUMBER CO., Keystone Lumber Company, Georgia Pacific Corporation, Defendants, Arthur L. Rich, Assignee of M D M Co., Respondent and Cross-Appellant, J.H. Baxter & Co., Pierre Biencourt, Kenneth Brady, Donald Brady, Vernon Strong, Richard Tyke, John L. Casteel and Clyde Marriott, Respondents, Southern Logging Company, a Corporation, Appellant. Southern Logging Company, a Corporation, Appellant, v. Keystone Lumber Company, a Corporation, Defendant, Warren A. Woodruff, Garnishee.

Supreme Court of Oregon, In Banc.

Decided August 23, 1968.

Attorney(s) appearing for the Case

Darryl E. Johnson, Roseburg, argued the cause and filed briefs for respondent and cross-appellant Arthur I. Rich.

Stults, Jayne, Murphy & Anderson, Roseburg, filed a brief for appellant Southern Logging Co.

Donald H. Coulter, Grants Pass, argued the cause and filed a brief for respondents Robert G. Stumbo and Allan D. Stumbo, co-partners, dba Stumbo Brothers Logging Co., and Vernon Strong, Richard Tyke, John L. Casteel and Clyde Marriott. With him on the brief were Long, Neuner, Dole & Caley, Roseburg, for respondent J.H. Baxter & Co., and Johnson, Telfer & Sloan, Grants Pass, for respondents Kenneth Brady, Donald Brady and Pierre Biencourt.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

O'CONNELL, Justice.

This is a suit for a declaratory decree establishing the rights of various creditors of defendant Keystone Lumber Company. Plaintiffs Allan and Robert Stumbo brought an action asserting their claim as creditors of Keystone and in a separate action Southern Logging Company asserted its claim as a creditor of Keystone. The two actions were consolidated for trial. In the consolidated action Southern Logging Company became in effect a defendant as...

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