Atlantic and Pacific Railroad Company v. Hopkins
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Kansas. On the 30th of November, 1872, Hopkins obtained, in the ■Circuit Court of the United States for the District of Kansas, a judgment against the St. Louis, Lawrence, and Denver Railroad Company for $6,385, with interest and costs of suit. Upon this judgment two executions were issued, and returned unsatisfied.
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Error to the Circuit Court of the United States for the District of Kansas. On the 30th of November, 1872, Hopkins obtained, in the ■Circuit Court of the United States for the District of Kansas, a judgment against the St. Louis, Lawrence, and Denver Railroad Company for $6,385, with interest and costs of suit. Upon this judgment two executions were issued, and returned unsatisfied. The attorney for Hopkins filed in the clerk’s office, June 19, 1878, his affidavits, setting forth that he had good reason to and did believe that the Pacific Railroad, and the Atlantic and Pacific Railroad…
1Opinion of the CourtChief Justice Waite
The Supreme Court of Kansas, since the order complained of in this case was made, has decided that an order in a pro-, ceeding in aid of execution, under sect. 490 of the Civil Code of that State, directing a garnishee to pay to the judgment creditor money which he owed the judgment debtor, was not a judgment, and did not determine finally the liability of the garnishee. The language of the opinion is as follows: —
“The making of it [such an order] is not an adjudication oetween the parties. It does not determine their ultimate rights. It simply gives to the creditor the same right to enforce…
2Cases cited1 opinion
- Board of Education v. ScovilleSupreme Court of Kansas · 1874
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