Swinnerton

Swinnerton v. Oregon Pacific Railroad

Good Law
123 Cal. 417·1899 Cal. LEXIS 1088·56 P. 40
Supreme Court of CaliforniaJanuary 30, 1899S. F. No. 794California2,280 words

Opinion

Lead Opinion

Temple, J.

On the fourth day of June, 1894, the appellant recovered a judgment in the superior court of San Francisco against the respondent, the Oregon Pacific Railroad Company, for $15,363.78 and costs.

Execution was issued thereon, proceedings supplementary to the execution instituted, and Southard Hoffman, who had been previously garnisheed under the execution, was cited to appear and be examined before Judge Seawell concerning any property, moneys, or credits in his hands, due, owing, or belonging to the Oregon Pacific Railroad Company.

Upon his examination, it appeared that the Oregon Pacific Railroad Company had been the owner of a steamship known as the “Willamette Valley”; that in the business of the railroad company this steamship plied between the port of Yaquina, Oregon, and the port of San Francisco; that upon one of her voyages to the port of San Francisco, and while in that port, she was seized by the United States marshal under admiralty process issued out of the district court of the United States for the northern district of California, upon a libel in admiralty filed therein against the steamship by E. D. Chandler. Such proceedings were had in this libel suit that the…

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