Mineral Point Railroad v. Barron
Illinois Supreme Court
Appeal from the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. This was a garnishee proceeding, commenced by E. Gr. Barlow against The Mineral Point Bailroad Company, to recover wages due from the company to James Barron, based upon a judgment against Barron, and the return of an execution “ no property found.”
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Appeal from the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. This was a garnishee proceeding, commenced by E. Gr. Barlow against The Mineral Point Bailroad Company, to recover wages due from the company to James Barron, based upon a judgment against Barron, and the return of an execution “ no property found.” The company answered, admitting that it was indebted at the time of the service of the writ, to Barron, in the sum of §40, but set up in defense that Barron was a resident of the State of Wisconsin, and the head of a family, residing with the same, and…
1Opinion of the CourtJustice Craig
Under the laws of Wisconsin, had the proceedings been instituted in that State,' the wages of the defendant in the original action were exempt from' garnishment, and it is urged by appellant, that, as the parties resided in that State and the debt was there incurred, the exemption laws of Wisconsin must control, although the proceedings for the collection of the debt were commenced in this State.
It is true, the validity of a contract is to be determined by the law of the place where it is made, but the law of the remedy is no part of the contract, as is well said by Parsons on Contracts, vol.…
2Cited by24 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Wright v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1886
- State Ex Rel. Lankford v. CollinsSupreme Court of Oklahoma · 1918
- Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
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