Harvey v. Great Northern Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, the Great Northern Eailway Company, from a judgment of the Municipal Court of the City of Minneapolis, Elliott, J., entered March 4, 1892. The defendant was on November 23, 1891, indebted to one A. Zel-lar, a freight train conductor on its railroad in Montana, $95.25 for services.
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Appeal by defendant, the Great Northern Eailway Company, from a judgment of the Municipal Court of the City of Minneapolis, Elliott, J., entered March 4, 1892. The defendant was on November 23, 1891, indebted to one A. Zel-lar, a freight train conductor on its railroad in Montana, $95.25 for services. Zellar was at the same time indebted to John S. Truscott of Montana, in the sum of $79.50. On that day Truscott commenced an action against Zellar before a justice of the peace in Montana to recover this debt, and attached Zellar’s claim against the Great Northern Railway Company. On December 4,…
1Opinion of the CourtMitchell, J.
The question is whether, upon the facts found, the pendency of a prior action in Montana, in which a debt had been attached in the hands of defendant as garnishee, was available by way of answer to a suit brought in this state by the defendant in the attachment (or his assignee) to recover the same debt.
The defendant is a corporation organized under the laws of this state, in which its headquarters and general offices are situated, but it owns and operates a line of railway extending into and through the state of Montana; and for that reason is, by the law's of Montana, for the purposes of…
2Cases cited7 opinions
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- Missouri Pacific Railway Co. v. SharittSupreme Court of Kansas · 1890
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