Despain v. Crow

Oregon Supreme Court

Despain v. Crow

12 P. 806, 14 Or. 404, 1887 Ore. LEXIS 16

CourtOregon Supreme Court

DecidedJanuary 18, 1887

StatusPublished

Cited by4 cases

This text of 12 P. 806 (Despain v. Crow) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Despain v. Crow, 12 P. 806, 14 Or. 404, 1887 Ore. LEXIS 16 (Or. 1887).

Pincite

Opinion

Strahan, J.

This 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.

Let the decree be affirmed.

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Strahan, J.

This 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.

Let the decree be affirmed.

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Bluebook (online)

12 P. 806, 14 Or. 404, 1887 Ore. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/despain-v-crow-or-1887.

Opinion

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