The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-09

bueklrk and others soon after Green caused 10
Bates writ OF attachment, sued out Of the proper
court In Illinois, The attachment suit proceeded 70
debt van Bnssrs Green and are all
citizens OF New York. Green's attachment was
levied on the safes as the property Of Bates before
the mortgage from Bates 10 him recorded and be-
fore notice OF its existence. Van Buskirk
thus so ~ inv GREEN 81 e
the proceeding OF the Court OF Illinois In bar
OF the action. Van Busklrk obtained judgment IN the
rom that afrmance writ Of error was taken to this
court Mr.. Justice Davis now delivered the opinion
81 s
OF Illinois VIII not permit the owner Of personal
property to sell IT. ana still continue 10 possession Of It
valid has no effect third persons who In good
faith acquire lien 1t, for an attaching creditor
81 % q @ ~ evy OF
attachment did not know OF this mortgage, and sub
sequently perfected his attachment by Judgment
execufl0n and sale. the attachment held the prop
erty although at the date Of the levy OF execution
he did know 1t. Such is the doctrine or the
$780, passss Ms esecaoa Of an
declares that the record OF judgment, aatSensi,
Gated IN particular manner, shall have the
same faith and credit in all the States as 1t has
in the State court from whence it Is taken. The
theory OF the court below was that the voluntary
transfer Of personal property is everywhere to be
governed by the law OF the owners domcil; and this
theory proceeds on the fiction OF law that the
domici Of the owner draws to 1t the personal estate
which he owns, wherever 1t may happen 10 be
located. But this fiction Is by no means OF universal
application. and Judge Story says, yields when
that the actual status OF the. thing should be
examined" II has yielded in New York on
Tie power OF the State to tax the personal
property OF one OF her citizens, situated in sister
siiate-gIhe People ex rel hoyt vs.. The Tax Conf
for attaching the estate OF non-rcslients because
such laws necessarily assume that property has q
status entirely distinct from the owners donlcii. II
New YORK cannot compel the personal properly or
Bates, one OF her citizens in Chicago, TO contribute
to the expenses OF her government and II Bates had
the legal right to own such property there, and
was protected in its ownership by the laws of the
State, ana as the power TO protect implies the
right to regulate, il would seem to follow that
the dominion OF Illinois over the property was
complete, and her right perfect to regulate its
transfer and subject 1T to process and execution
in her own way and by her own laws. Green's
right under the consti ulion and the laws OF Con-
gress. invoked to his aid IN TINS CASE Is not at all
affected by the question Of citizenship We cannot
see why II Illinois, IN the spirit OF enlightened egis
lation, comedies to citizens or other States equal
privileges with her own in her foreign attachment
laws that the Judgment against the personal estate
located in her limits OF nonres. dent debtor, which
citizen Of New York lawfully obtained there, should
have different effect given to it under the pro-
visions or the constitution and the laws OF Congress
because the debtor against whose property II was
recorded happened also to be citizen OF New York.
The Judgment Is reversed and the cause RENTED
with instruction to enter judgment for the piaintif
in error.
The following decisions were also rendered in the
Supreme Court yesterday
No. 32. GiiIinghast va. Van Buskrk. Judgment
reversed Case similar to No. 81.
No. 81. Lincoln vs.. acknowledgements affirmed.
Opinion by Mr.. Justice Field.
No. $40. Chicago, Rock Island and Pacific Railroad
Company w. Howard ct al.-Decree affirmed. Opin-
ion by Mr.. Justice Clifford.
No. 81. Lockwood Grace Girdler.-Decree az
frmed. opinion by Mr.. Justice Swayne. Dissenting,
Mr.. Justice Davis, In brief opinion in which the
CHIEF Justice and Mr.. Justice Clifford concur.
No. (original The State OF Texas VS.. White,
Chies ct al.-The argument OF this cause, taken up
on Friday last, was proceeded with.