Hughes v. Ephram

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Property Law
  • Date Filed: 03-30-2016
  • Case #: A155125
  • Judge(s)/Court Below: Egan, J. for the Court; Armstrong, P.J.; & Shorr, J.

The legislature's use of the word "enjoin" in ORS 726.330 is broad enough to include a writ of garnishment.

Plaintiffs took a loan using a watch as collateral from H&B Jewelry & Loan Co. The trial court ruled that the garnishment for the watch could not be valid without physically surrendering the pawn ticket. The Court looked at the meaning of the word "enjoin" as used in ORS 726.330. The Court determined the meaning of the word "enjoin" to include a writ of garnishment served on a pawnbroker and that the effect of such a writ is to enjoin the negotiation of the pawn ticket." Reversed and remanded.

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