49 P. 956 | Or. | 1897
Opinion by
On March 17, 1894, the plaintiff recovered a judgment against the defendant Cotner for the sum of $93.70, and
It will be observed that two questions are presented by this record for decision: First, whether, under an insurance policy conditioned that the company shall not be liable thereon until due proof of loss is made, the company can be charged as garnishee in an action against the policy holder before the required proof has been made or the loss adjusted; and, second, whether what purports to be an act of the legislature of 1893 to exempt homesteads from attachment and judicial sale is a valid law ■of the State. The consideration of the last question nat
The authorities bearing upon this question will be found collated and arranged by states in a footnote to Field v. Clark, 143 U. S. 661 (12 Sup. Ct. 495). The question was before this court in Currie v. Southern Pacific Co., 21 Or. 366 (28 Pac. 884); and State v. Rogers, 22 Or. 348 (30 Pac. 74); and the rule there applied is that when it appears from the journals of the legislature that the enrolled act filed in the office of the secretary of state did not in fact receive the requisite number of votes in either house for its passage, the courts will refuse to regard it as a valid law, but the absence of an affirmative showing in the journal to that effect does not affect its validity. In other words, in order to impeach the validity of such an act it must affirmatively appear from the legislative journals that it did not in fact receive the approval of the constitutional number of the members of the legislature.
Reversed.