INVESTMENT SERVICE CO. v. SMITHER


556 P.2d 955 (1976)

276 Or. 837

INVESTMENT SERVICE CO., a Corporation, Respondent, v. Edythe E. SMITHER, Appellant, and Arthur W. Smither, Garnishee-Appellant.

Supreme Court of Oregon, Department 2.

Decided December 2, 1976.


Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause and filed a brief for appellants.

Joseph D. Robertson of Garrett, Seideman & Hemann, Salem, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and TONGUE, BRYSON and LENT, JJ.


BRYSON, Justice.

Plaintiff obtained a judgment against defendant Edythe E. Smither in excess of $74,985 in October, 1974, which remains unsatisfied. A writ of execution was issued on the judgment and notice of garnishment was served on the garnishee, Arthur W. Smither, as to any property in his possession belonging to defendant Edythe Smither. The garnishee made a return thereon of "nothing."

Thereafter, allegations against the garnishee were filed (ORS 29...

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