Bishop v. Middleton (In re Estate of Middleton)

1 Citing case

  1. Anderson, et al. v. Canaday

    37 Okla. 171 (Okla. 1913)   Cited 18 times
    Finding that “[a]n attorney is not ordinarily liable for the acts of his client. The fact that through ignorance he gives his client bad advice, on which he acts to the hurt of another, will not make the attorney liable to that other. But where the attorney is actuated by malicious motives or shares the illegal motives of his client he becomes responsible.”

    In that case the garnishment proceedings was in a domestic court, but knowledge thereof was fraudulently kept from the debtor. In O'Connor v. Walter, 37 Neb. 267, 55 N.W. 867, 23 L. R. A. 650, 40 Am. St. Rep. 486, it was held that where the creditor, by means of an assignment of his claim to a resident of another state, procured the collection of the wages of the debtor by means of a garnishment in the other state, he was liable to the debtor for the amount so collected. The same rule was laid down in Bishop v. Middleton, 43 Neb. 10, 61 N.W. 129, 26 L. R. A. 445. It is true these decisions were based on a statute which, in effect, gave a right of action against the creditor under such circumstances, but the statute was only declaratory of the policy of the state on the subject. It is believed that the policy of this state favors the fullest protection for exemptions. Kestler v. Kern, 2 Ind. App. 488, 28 N.E. 726, also holds that the debtor has a cause of action against the creditor under the same circumstances as exist in the present case.