Chicago, Rock Island & Pacific Railway Co. v. Sturm
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OE KANSAS. The defendant in error brought an action against the plaintiff in error in a justices’ .court of Belleville, Republic County, Kansas, for the sum of $140, for wages due. Judgment was rendered for him in the sum of $140 and interest and costs. The plaintiff in error appealed from the judgment to the district court of the county, to which court all the papers were transmitted, and the case docketed for trial.
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ERROR TO THE SUPREME COURT OF THE STATE OE KANSAS. The defendant in error brought an action against the plaintiff in error in a justices’ .court of Belleville, Republic County, Kansas, for the sum of $140, for wages due. Judgment was rendered for him in the sum of $140 and interest and costs. The plaintiff in error appealed from the judgment to the district court of the county, to which court all the papers were transmitted, and the case docketed for trial. On the 10th of October, 1894, the case was called for trial, when plaintiff in error filed a motion for continuance, supported by an…
1Opinion of the CourtJustice McKenna
How proceedings in garnishment may be availed of in defence — whether in abatement or bar of the suit on the debt attached or for a continuance of it or suspension of execution — the practice of the States of the Union is not uniform. But it is obvious and necessary justice that such proceedings should be allowed as a defence in some way.
In the pending suit plaintiff in error moved for a continuance, and not securing it pleaded the proceedings in garnishment in answer. Judgment, however, was rendered against it, and sustained by the Supreme Court, on the authority of Missouri Pacific Railway…
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3Cited by149 opinions
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