The American And English Railroad Cases (volume 14); A Collection Of All The Railroad Cases In The…

Paperback | February 8, 2012

byGreat Britain. Courts

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1884 Excerpt: ... Bates v. Chicago, M. & St. P. Ky. Co., Garnishee, etc. Advance Case, Wueonsin. April 8, 1884.) Where a railroad company is served at 5 A. M. with a garnishee summons, and two hours and a half later the property of the defendant is delivered at a place a hundred miles away to parties entitled to receive it, the service is not made in time to give the party served an opportunity to prevent the delivery of the property by the exercise of reasonable diligence, and the company is not liable as garnishee. Personal property, to be reached in the hands of a garnishee, is such as would be subject to a writ of attachment or execution if it was in the hands of the principal debtor, and personal property under the control of the garnishee, but situated out of this state, is not to be reached by process of garnishment in our courts. Public policy, and the proper discharge of the duties of common carriers, require that they cannot be held liable upon a garnishee summons for personal chattels in their possession in actual transit at the time the summons is served. Appeal from circuit court, Racine county. Fuller & Fuller and H. H. Field, for appellant, Chicago, M. & St. P. Ry. Co., garnishee, etc. Robert F. Pettibone, for respondent, Alphonzo C. Bates. Taylor, J.--The facts in this case are as follows: On the second day of March, 1882, the respondent commenced an action against P. H. Cunningham in the Racine county circuit court, and at the same time made an affidavit as required by law, and issued a garnishee summons against the railway company. A copy of the affidavit and garnishee summons was served upon John W. Cary, the general solicitor of said company, at the city of Milwaukee, on the second day of March, 1882, at 5 o'clock A. M. of that day. In due time the railwa...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1884 Excerpt: ... Bates v. Chicago, M. & St. P. Ky. Co., Garnishee, etc. Advance Case, Wueonsin. April 8, 1884.) Where a railroad company is serve...

Format:PaperbackDimensions:364 pages, 9.69 × 7.44 × 0.75 inPublished:February 8, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:021756982X

ISBN - 13:9780217569828

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