Bagby v. Atlantic, Mississippi & Ohio Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1878, No. 167. Foreign attachment, issued by Bagby & Rogers against the Atlantic, Mississippi and Ohio Railroad Company, defendants, and the Pennsylvania Railroad Company, garnishees.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1878, No. 167. Foreign attachment, issued by Bagby & Rogers against the Atlantic, Mississippi and Ohio Railroad Company, defendants, and the Pennsylvania Railroad Company, garnishees. A case was stated for the opinion of the court, substantially as follows:— On June 5th 1876, a writ of foreign attachment issued, with an endorsed order to attach the goods, chattels, &c., of the defendant company, in the hands of the Philadelphia, Wilmington and Baltimore Railroad Company. Plaintiffs were residents and citizens…
1Opinion of the CourtChief Justice Agnew
It is true that the plaintiffs below had a right to sue in this state, just as one of our own citizens might, as we held in Morgan v. Neville, 24 P. F. Smith 52. But while suit for the debt may be maintained, it is not a legal consequence that the extra-territorial act of an appointment of a receiver in Virginia, must be rejected as a defence against these plaintiffs. Such an act, like an assignment by operation of extra-territorial law, rests upon the doctrine of comity, to which our state courts lend their aid when not in conflict with the rights of our own citizens.. But this comity should…
2Cited by10 opinions
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- Small v. SmithSouth Dakota Supreme Court · 1901
- Woodhull v. Farmers' Trust Co.North Dakota Supreme Court · 1902
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