146 P. 1088 | Or. | 1915
delivered the opinion of the court.
But one question is involved upon this appeal, namely, the validity of the attachment in the case of Stillson-Kellogg Shoe Company against The Boot Shop. The record discloses that a writ of attachment was placed in the hands of the sheriff, and that that officer went to the plaintiff’s place of business and sought to garnishee him for goods in his possession belonging to The Boot Shop. Plaintiff knew that he had not complied. with the Bulk Sales Act (Section 6069 et seq., L. O. L.), and supposed that his guaranty fully protected him. He was unwilling to become a garnishee, and therefore turned the goods over to the sheriff, who took them into his possession and made his return as though they had not been found in the hands of a third party. The question now presented is whether the plaintiff had the right to surrender the goods without being served with the writ of attachment and a notice specifying the property attached. Subdivision 2 of Section 300, L. O. L., is as follows:
“Personal property capable of manual delivery to the sheriff, and not in the possession of a third person, shall be attached by taking it into his custody.”
“Other personal property shall be attached by leaving a certified copy of the writ, and a notice specifying the property attached, with the person having the possession of the same. * * ”
Section 301, L. O. L., provides in part as follows:
_ “Any person, association, * * or corporation mentioned in subdivision 3 of Section 300, from the service of a copy of the writ and notice as therein provided, shall, unless such property, stock, or debts be delivered, transferred, or paid to the sheriff, be liable to the plaintiff for the amount thereof until the attachment be discharged or any judgment recovered by him be satisfied. ’ ’
A portion of Section 304 reads as follows:
“Personal property mentioned in subdivision 3 of Section 300 may be delivered, transferred, or paid to the sheriff, without suit; and his receipt therefor shall be a sufficient discharge accordingly.”
There being no error in the judgment of the lower court, it is affirmed. Affirmed.