Pittsburg, C., C. & St. L. Ry. Co. v. Bartels
Court of Appeals of Kentucky
Case 31 — Action to Recoves Debt by Garnishment APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Action by Bartels v. P. C. C. & St. L. Ry. Co., as Garnishee.
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Case 31 — Action to Recoves Debt by Garnishment APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Action by Bartels v. P. C. C. & St. L. Ry. Co., as Garnishee. Judgment for the Plaintiff and Defendant Appeals. 1. A suit by attachment in the ordinary, or garnishment form, can not be maintained in the courts of Kentucky without personal service on the principal defendant, unless there be in this State property or wages upon which the attachment can be levied. 2. Where both the garnishee and the principal debtor are nonresidents, and the deDt, such as wages, is payable in the State of…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Affirming.
One Gilhooley was indebted to the appellee, Bartels, on a promissory note. The appellant railway company is a foreign corporation doing business in this State. It was indebted to Gilhooley. This action was brought by Bartels against Gilhooley, and an order of attachment was obtained and executed upon the railway company for the purpose of compelling it, as garnishee, to pay the sum due Gilhooley to the plaintiff. As Gilhooley and the garnishee are non-residents, and the debt due from the garnishee to the debtor being payable in Indiana, and,…
2Cases cited8 opinions
- Case of the State Tax on Foreign-Held Bonds. Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- S.J.L.S. v. T.L.S.Court of Appeals of Kentucky · 2008
- Metropolitan Life Insurance v. HightowerCourt of Appeals of Kentucky (pre-1976) · 1925
- Bowman v. BreyfogleCourt of Appeals of Kentucky · 1911
- Courtney v. PradtCourt of Appeals for the Sixth Circuit · 1908
- Hamilton v. HamiltonCourt of Appeals of Kentucky (pre-1976) · 1972
3 more not listed; retrieve them via the Exa API.