Legal Opinion

Missouri Pacific Railway Co. v. Sharitt

Supreme Court of Kansas

Decided January 15, 1890PublishedCited by 22 opinions

Error from EranJclin District Court. J. W. Sharitt brought this action on the 27th day of July, 1887, against the Missouri Pacific Railway Company, to recover wages due him. The action was brought before a justice of the peace in Franklin county, and judgment was rendered against the defendant.

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Error from EranJclin District Court. J. W. Sharitt brought this action on the 27th day of July, 1887, against the Missouri Pacific Railway Company, to recover wages due him. The action was brought before a justice of the peace in Franklin county, and judgment was rendered against the defendant. An appeal was taken to the district court, which made findings of fact and conclusions of law as follows: “1. Plaintiff was in the employ of the defendant at Council Grove, Kansas, during the month of June, 1887, performing manual labor in and about coupling cars and making up trains, and the like, and…

1Opinion of the Court

Opinion by

Clogston, C.:

It is not contended that the claim sued on is not exempt under the exemption laws of this state, but it is contended that because the garnishment proceedings were commenced in Missouri, and the court of that state obtained jurisdiction of the subject-matter before this suit was brought in Kansas, for that reason the defendant company became liable under its answer in Missouri under said proceedings, and should not again be held liable in this state in this action. The plaintiff in error recognizes the rule laid down by this court, that if the garnishment proceedings had…

2Cases cited3 opinions

  1. Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
  2. Missouri Pacific Railway Co. v. MaltbySupreme Court of Kansas · 1885
  3. Mull v. JonesSupreme Court of Kansas · 1885

3Cited by22 opinions

  1. Pennsylvania R. R. v. RogersWest Virginia Supreme Court · 1903
  2. Harvey v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
  3. Louisville & Nashville Railroad v. NashSupreme Court of Alabama · 1897
  4. Tootle v. ColemanCourt of Appeals for the Eighth Circuit · 1901
  5. Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893

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