SALAHUB v. MONTGOMERY WARD & CO.

No. A 7712 18550; CA 10925.

599 P.2d 1210 (1979)

41 Or.App. 775

Ferrell A. SALAHUB, Appellant, v. MONTGOMERY WARD & COMPANY, a Foreign Corporation, Robert Harris, Dba Bob's Messenger Service, Wesley D. Carter, Clerk of the District Court, Respondents.

Court of Appeals of Oregon.

Decided August 27, 1979.


Attorney(s) appearing for the Case

Gary Roberts, Legal Aid Service, Portland, argued the cause for appellant. With him on the brief were Michael H. Marcus and Alexander J. Rering, Legal Aid Service, Portland.

Edwin J. Peterson, Portland, argued the cause and submitted the brief for respondent Robert Harris.

Ancer L. Haggerty, Portland, argued the cause for respondent, Montgomery Ward & Company. With him on the brief was Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, and Gino G. Pieretti, Jr., and Ridgway K. Foley, Jr., Portland.

No appearance by respondent Wesley D. Carter.

Before SCHWAB, C.J., and GILLETTE and CAMPBELL, JJ.


CAMPBELL, Judge.

Plaintiff, whose bank account was garnished under a writ of garnishment issued pursuant to ORS 23.650 to 23.670, appeals a summary judgment for defendants denying her injunctive relief and damages, and ruling that the garnishment process did not violate her right to due process and equal protection under the 14th Amendment to the United States Constitution. We reverse and remand.

On June 9, 1976, defendant Montgomery Ward obtained a judgment...

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