The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-01

Gated unQef the laws OF THIS STATE anu
domiciled here. to perform services In
the State of his residence, and his sal
airy due for such services was garni-
sheed here by his creditor who also
resided in the foreign State.
Held that such debtor was not en-
titled to exemption of his salary under
the exemption laws of the foreign State
of his residence
Under Section 364 of The Code. au~
thorizing judgment against a garni-
shee after his appearance and eXami-
nation for all money due by him to
the debtor, to the extent of the credi-
tors claim, it is proper TO include any
amount accruing on the debt due by
the garnishee after he was summoned
TO answer.
A corporation may acquire dOmi-
ellie in another state from the one in
which il was chartered and become
as much subject to the laws of the
adopted State as If it had been ORR
ginally domesticated there.
A corporation chartered III for
eign State but which has domesti-
Gated under the law of this State and
has it's principal place Of business
and the bulk Of it's property here
is a domestic corporation in respect
to its liability to he sued here; and
The salary of its travelling statesmen
whose services are perfol ned in q
foreign State where he resides and
is paid--without prior agreement Us
to place-by checks sent from this
State. may be sued by the statesmen
in this State or garnisheeed here by
his creditor, who resides III q foreign
state; and
The creditors lien acquired by such
garnishment is not lost by a judg-
ment against both the principal debtor
and the garnishee. though
The Judgment against the princi
pal debtor, who is a nonresident, is
void as a personal judgment.
A nonresident whose salary due
by his employer in this State, has been
garnisheed, is enteitled to the ex-
emption allowed by Section 493 of
The Code.
State Y. smith. appellant From Bla-
den. New trial.
To convict one charged with an
assault With intent to commit rape the
evidence must show not only an as
sault but that defendant intended to
crafty his passions at all hazards
and notwithstanding the Woman's
resistance.
QUAINT !. Southern Railway Co, ap-
pellant. From Meckleabur2. Error.
Where a passenger had left the train
at regular station at night and
while proving around the stat on
building on his owr account, opeRed
q door 10 q lighted room adjoining
a portion of the company's property
which is permitted to be used as a
passW way, fell in the room md was
injured. il was held that he was
mere licensee and the duty which
the company owed aim as such re-
CURED it only TO keep the pass way
free from danger, and no recovery
could be had
Curtis. appellant Y. Southern Rail-
way Co. From Swain. Motion of
defendant denied.
After an appeal has been actually
docketed. a. motion does not lie to
dismiss it. for failure to docket in
time for hearing at the term 70 which
it should be regularly brought.
Harris. appellant V. Quarry Conn
pany. From Henderson. Error.
The plaintiff, an employe of de-
PENDANT. was injured at it's quarry by
an explosion which occurred while
plaintiff and other employees were
drilling a hole that had been charg-
ed and failed to explode. PLAINTIFFS
evidence was to the effect that it was
known to be dangerous TO drill an
unexploded hole and that it was
without ascertaining whether the
charge had exploded: that when it
was uncertain whether a charge had
exploded il was customary to test it
with a battery before attempting to
drill the hole and that the test was
not made on this occasion, though
two laborerS at first differed as to
whether it the charge had exploded;
hut defendants superintendent in
.1, f,la ut hal . M
ployees to drill the hole before it had
been examined.
Defendants motion to non-suit at
close of plaintiffs evidence, was al
lowed; Held error.
An employer is responsible for the
negligence or incOmpetency of a vice
principal within the scope of his au-
thorty, and an allegation that such
person was vice principal or that the
employer knew of his incompetency
is not a condition precedent TO the adj
mission of evidence to show that the
injury was due to the vice principals
negligence or incompetency.
Spencer, appellant Y. S. s. y. Railway.
From Wake. No error
Chapter 1913 of Private Laws 1901,
granting to the Seaboard Air Line
Railway the potter to consolidate with
any railroad or transportation COM
pany, now or hereafter Incorporated
by the Laws Of the United states or
any of the States, gives it power to
consolidate with the Raleigh q Cas-
ton Railroad Company. and the lat
ter is given the power to consolidate
with the Seaboard Air Line Railway
by the terms Of the same Act.
Said Chapter 16S does not under
take to amend the charter of the RAJ
leigh & Castor. which was granted
prior to the adoption of the present
Constitution Of the state but it is an
enabling Act empowering the ma
jority stockholders to condemn the
stock Of the dissenting stockholders,
upon appraisal and payment Of the
value thereof.
The Legislature under the sovereign
power of eminent domain can author.
re the consolidation OF railroads and
other quasi corporations without the
unanimous consent of their stock
holders when provision is made for
appraising and paying for the stock
of dissenting stockholders.
The method prescribed in the said
act for ascertaining the value of
the stock is exclusive and must be
pursued.
Where two years have elapsed since
the consol latioL of several rail-
e