Chicago, Rock Island & Pacific Railway Co. v. Sturm
Court of Appeals of Kansas
Error from Republic District Court. Hon. F. W. Sturges, Judge. The facts of this case are substantially these : E. H. Sturm worked for the Chicago, Rock Island & Pacific Railway Company, during the fall and winter of 1893, for which it was indebted to him. On December 13, 1893, E. H. Willard brought an action before a justice of the peace of Pottawatomie County, Iowa, against E. H. Sturm, and garnished the Railway Company.
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Error from Republic District Court. Hon. F. W. Sturges, Judge. The facts of this case are substantially these : E. H. Sturm worked for the Chicago, Rock Island & Pacific Railway Company, during the fall and winter of 1893, for which it was indebted to him. On December 13, 1893, E. H. Willard brought an action before a justice of the peace of Pottawatomie County, Iowa, against E. H. Sturm, and garnished the Railway Company. On the eighteenth day of January, 1894, Sturm brought an action before a justice of the peace of Republic County, Kansas, for the recovery of his wages, and recovered…
1Opinion of the CourtWells, J.
The court below founded its decision on Mo. Pac. Rly. Co. v. Sharritt (43 Kan. 375 ) exclusively, and plainly intimated that, were it not for that decision, the judgment would be the other way. That case can be distinguished from this, because in that case it is assumed that the wages were exempt under the laws of both states, which is a very, important difference ; and in that case no question of the violation of the United States statutes was raised. A careful examination of the opinion of the Commissioner, the concurring opinion of Mr. Justice Valentine, and the very able and exhaustive…
2Cases cited2 opinions
- Missouri Pacific Railway Co. v. SharittSupreme Court of Kansas · 1890
- Union Pacific Railway Co. v. BakerCourt of Appeals of Kansas · 1897