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WASHINGTON v. HEID

504 P.2d 745 (1972)

Henry H. WASHINGTON, Dba Hank H. Mechanical Contractor, Appellant, v. C.E. HEID, Respondent.

Supreme Court of Oregon, In Banc.

Decided December 21, 1972.

Attorney(s) appearing for the Case

Donald H. Joyce, Portland, argued the cause and filed a brief for appellant.

R. William Riggs, Portland, argued the cause for respondent. With him on the brief were Willner, Bennett & Leonard, Martin J. Howard, and Groce & Howard, Portland.

HOLMAN, Justice.

This is an action for damages for the alleged wrongful garnishment of $73.34 of plaintiff's wages. Defendant counterclaimed for the balance claimed to be due from plaintiff to defendant on a promissory note. The trial court entered a judgment of involuntary nonsuit to plaintiff's cause of action upon the ground there was insufficient proof of malice, of damages, and of lack of probable cause. On a motion for a directed verdict, the trial court ruled...

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