Baltimore & Ohio Railroad v. Hostetter
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF MARION COUNTY, STATE OF WEST VIRGINIA. The facts, which involve the construction and application of the full faith and credit provision of the Constitution of the United States, are stated in the opinion.
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ERROR TO THE CIRCUIT COURT OF MARION COUNTY, STATE OF WEST VIRGINIA. The facts, which involve the construction and application of the full faith and credit provision of the Constitution of the United States, are stated in the opinion. When a creditor of the garnishee’s creditor has obtained • a judgment against the garnishee debtor in accordance with the laws of the place where the garnishee debtor was personally served, then the garnishee debtor may plead this judgment as á defense to a suit by his own creditor . in another jurisdiction, provided he was not negligent in giving his own…
1Opinion of the CourtChief Justice White
Hostetter, the defendant in error, a resident of West Virginia, sued in a justice’s court in that State for wages due him by the Railroad Company, now plaintiff in error. The defense was that the wages had been paid by the Railroad Company as the result of a garnishment proceeding taken against it in the State of Virginia where it was suable to enforce a judgment rendered in Virginia against Hostetter when he resided in that State and after a domiciliary service on him. The case went from the justice’s court for a de novo trial to the intermediate court of Marion County where as the result of…
2Cases cited3 opinions
- Harris v. BalkSupreme Court of the United States · 1905
- Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
- Louisville & Nashville Railroad v. DeerSupreme Court of the United States · 1906
3Cited by31 opinions
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- Standard Oil Co. v. New JerseySupreme Court of the United States · 1951
- Huron Holding Corp. v. Lincoln Mine Operating Co.Supreme Court of the United States · 1941
- New York Life Insurance v. DunlevySupreme Court of the United States · 1916
- Schlaefer v. SchlaeferCourt of Appeals for the D.C. Circuit · 1940
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