The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-02-24
Tue ATTACHMENT Of Wages question.

The State Of Maryland has an exemption
law similar to the exemptions that exist in
Pennsylyania, Ohio, Indiana and other
States, and it seems that the Maryland
Courts have decided that where a claim is
sent out Of the State-into West Virginia,
for instance-and collected by garnishse
Of wages due, the defendant can recover
back in Maryland the full amount thus
girnisheed, together with all costs to which
he may have been subjected. Speaking Of
our West Virginia law as it stands to-day,
the KeYser Tribune says OF it:
ut is VIGOROUSLY trueSthat West Vir.
ginia's attachment law is grossly abused by
the prosecution OF foreign claims agtrins,
foreign creditors before justices Of the
peace in our State. Claims, for instance,
against employees Of the Baltimore & Ohio
Railroad are nominally transferred to
West Virginia curbstone brokers and
sharks, who swear to tho accounts, give the
attachment bond, and otherwise attend IL
the prosecution before the West Virginia
Justice for per cent on the claim. Proba.
; bly, the account is for small amount, the
defendant lives one hundred miles from
the place where suit is brought At an ex.
pense and loss in time equal to the amount
involved the defendant comes to contest
the action, lone continuance is very com.
mon before Justices and his case is in all
probability postponed one week. This is
equivalent to judgment against him, be.
cause he cannot afford to come back. We
: donot propose to enter into all the abuses
to which the law is subjected by brokers OF
such claims, but we DO say where IN nc.
count OF y Maryland citizen against a Mary.
land citizen is not collectIble in that State,
and where q West Nirginian us plaintiff,
could not recover in that State, our laws
ought not to permit nOn-residents TO attach
non.residents in the slme class OF cases,
even though tue account DO nominally us.
signed to citizen Of this State.
The Connellsyille (Pa) Keystone Courier,
of the same date, says: "For years past it
has been customary for merchants and
others to send their bills against such Of
theirrecalcitrant debtors as worked for the
Baltimore & Ohio RAILROAD Company, to
Maryland and West Virginia for collection.
Under tile laws there nonresident de.
PENDANT was not entitled to any exemption,
though nonresident creditor Of course had
q constitutional right to come into those
States and sue The Baltimore & Ohio
Company having officers and agents resid.
ing in both these States, attachments were
Issued and the wages garnisheed. The
debtor being thus debarred from pleading
any exemption, his wages were certain to
suffer, and often be lost his position. While
in many cases the debtor deserved all these
harsh measures, the operation Of the law
was so manifestly unjust that the Mary.
land Legislature eight years ago, passed IN
act permitting IN exemption OF 500, and
now the Supreme Court Of West Virginia
has decided that the Baltimore & Ohio
Company is foreign corporation, and is
consequently not liable for the debts Of its
employees in that State. This, together
with the exposition Of tho Pennsylvania
{ boarding bill attachment act by Judge
Wilson, eilectually puts an end to the nu.
merous law suits against the Baltimore 4
Ohio in the capacity Of garnishee."