Henry v. Gold Park Mining Co.
District Court, D. Colorado
One John W. Bailey sued the plaintiff Henry in one of the courts of the state of Colorado, and, having caused a writ of attachment to issue, served process of garnishment upon the defendant, the Gold Park Mining Company.
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One John W. Bailey sued the plaintiff Henry in one of the courts of the state of Colorado, and, having caused a writ of attachment to issue, served process of garnishment upon the defendant, the Gold Park Mining Company. The garnishee answered, admitting that it is indebted to plaintiff Henry in the sum of $4,942.47 on a judgment against him in this court, in this cause, and thereupon moved 'this court to stay execution upon the judgment until the matter of its liability in the state court can be determined. This is the motion now to be considered.
1Opinion of the CourtMcCrary, J.
The only question which I deem it necessary to consider is whether a debtor by judgment in a federal court can be subjected to garnishment at the suit of a creditor who proceeds against him in a state court. Whatever the rule may be with respect to the garnishment of a judgment debtor in the same court in which the judgment was rendered, I am of the opinion that it would lead to great inconvenience and to serious conflict of jurisdiction to hold that a judgment in one court may be attached by garnishment in another, especially where the two courts are of different jurisdiction, as in the case…
2Cases cited3 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Wood v. LakeWisconsin Supreme Court · 1860
- Franklin v. WardU.S. Circuit Court for the District of Rhode Island · 1822
3Cited by8 opinions
- Shrewsbury v. TuftsWest Virginia Supreme Court · 1895
- Lincoln Mine Operating Co. v. Huron Holding Corp.Court of Appeals for the Ninth Circuit · 1940
- Menees v. MatthewsDistrict Court, M.D. Tennessee · 1912
- Kinston Manufacturing Co. v. FreemanSupreme Court of North Carolina · 1918
- United States Shipping Board Merchant Fleet Corp. v. Hirsch Lumber Co.Court of Appeals for the D.C. Circuit · 1929
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