Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-08-01
COURT DECISIONS.
Notes Of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY ". B. MARTIN,
Exclusively for VirgInian-Pilot)

C. r. I. & p. r. CO. V. STURM.
Supreme Court of the United States.
May -, 1899.
y DEBT MAY BE ATTACHED AT
THE D0MICILE OF THE DEBTOR,
THOUGH THE CREDITOR LIVE
IN ANOTHER STATE.
~ DEBT WITH NO SPECIAL PRO-
VISION AS TO PAYMENT IS PAY
ABLE AT ANY PLACE.
LAWS EXEMPTING WAGES FROM
ATTACHMENT ARE NOT 4 PART
OF THE CONTRACT, BUT OF
REMEDY. SO AS TO BE SUBJECT
TO THE LAW OF THE FORUM.
Sturm brought an action against the
defendant railroad company in Kansas
Tor $40 for wages due. 1t appeared
that the railroad company had been
Sarnisheed in Iowa by one Willard for
these same wages, part Of which the
company admitted it owed Sturm and
there was judgment against 1t in the
Iowa Court, from which an appeal was
pending Sturm was Il nonresident of
Iowa, and in that suit service upon him
Was by publication. The defendant
| railroad company WAS Il corporation or
Eanzed under the laws of Illinois and
Iowa, doing business in Kansas Sturm
claimed that he was Il resident of Kan
sas. under whose laws his wages were
exempt from garnishment and that the
Iowa Courts had no jurisdiction. There
was a judgment for Sturm in the lower
court and the railroad company ap-
| pcalcd.
Ihc court says:
Thr errors assigned present, in va
rlouS ways. the contention that the SUI
| preme Court of Kansas refused TO rivc
iuil taith and credencc To the records
ana Judicial proceedings of the courts
| OF the state of Iowa, in violation of
Sec. ! of Art. of the Constitution of
me United states and of the act OF CON
SrcSS.
Our attachment laws had their ORR
gin In the custom of London. Under it
u ucpt was regarded rs being where
me debtor was ana questions OF juris-
uIction were settled on that regard. The
! essential service of foreign attachment
laws Is To reach ana arrest payment of
what Is due and might be paid to n
| non resident To the defeat of his cred
itors. To do it YOU must 20 10 the
uomicile OF his debtor. ana can only do
II under the laws and procedure in
force there. This is Il legal neccssitv
and consdera lions of situs are some
what artificial. If not artificial. what
ever OF substance there is, must be with
me DEBTOR. He, and he only, has some
thing in his hands. That something is
the res, anu gives character to the nc.
ton as one in the nature of n nrocecd. .
ing in rev.
To ignore this is 10 give immunity 10
debts owed to nonresident creditors
from attachment by their creditors ana
To deny necessary remedies. A doh,
may be as valuable as tangible things
1t is not capable of manual seizure ns
they are; but no more than they can
1t be appropriated by attachment with
out process. and the power To execute
the process. y notice to the dehtor
must be given and can only ne eivnr
ana enforced where he is. This ne W.
nave already said. is IA necessity and
1t cannot be evaded by the insi..tsnre
upon ictions or reiincments about eitus
or The rights OF the creditor. OF course
the debt is the property OF the crcdiinr.
and because it is. the law seeks Ia suh,
zee; 1t as 1t does other property. to the
2ayment of his creditors If it can be
asainsi' ana jurisdiction of. his debtor.
MI III, way does not occur to us.
me proposition that the situs of
- ~ bt I'st!u Is 1nubn-