Balt. & Ohio R. R. v. Gallahue's adm'rs
Supreme Court of Virginia
On the 14th of January 1852, the intestate of the defendants in error instituted an action of assumpsit against Patrick and F. C. Crowley, in the Circuit court of Marion county; and on the same day they sued out an attachment against the estate of the debtors under the provisions of the Code, ch. 151, § 2, p. 600, with an endorsement directing the sheriff to summon the Baltimore and Ohio railroad company as garnishee.
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On the 14th of January 1852, the intestate of the defendants in error instituted an action of assumpsit against Patrick and F. C. Crowley, in the Circuit court of Marion county; and on the same day they sued out an attachment against the estate of the debtors under the provisions of the Code, ch. 151, § 2, p. 600, with an endorsement directing the sheriff to summon the Baltimore and Ohio railroad company as garnishee. On the same day the sheriff returned that he had summoned the plaintiff in error, by delivering a copy of the attachment to James L. Randolph, agent of said company, and a…
1Opinion of the Court
Allen, P.
after stating the case, proceeded :
The first question arising upon the foregoing statement is, whether a corporation is liable as a garnishee under the attachment law. In the argument here, however, the counsel of the company contended, that no suit whatever could be maintained against-this corporation in the courts of Virginia: First, because it is a foreign corporation, and therefore not liable to be sued without the jurisdiction of the state which created it; and second, because no mode is provided by our law for the service of process upon it.
The first ground it seems to me is…
2Cited by35 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Mahany v. KephartWest Virginia Supreme Court · 1879
- Hart v. Baltimore & O. R. R.West Virginia Supreme Court · 1873
- Brown v. GatesWest Virginia Supreme Court · 1879
- Humphreys v. Newport News & M. V. Co.West Virginia Supreme Court · 1889
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