Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP IOWA. The facts, which involve the liability to attachment of cam used in interstate commerce, are stated in the opinion. The cars and funds were subject to attachment and garnishment.
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ERROR TO THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP IOWA. The facts, which involve the liability to attachment of cam used in interstate commerce, are stated in the opinion. The cars and funds were subject to attachment and garnishment. The rolling stock of railway corporations is personal property, over which they have the power of alienation, and is subject to seizure, when not in actual use, by attachment or execution, or other valid process, the saíne as other personal property. Boston C. M. Ry. Co. v. Gilmore, 37 N. H. 410; Coe v. Col. Piq. & I. R. R. Co., 10…
1Opinion of the CourtJustice McKenna
This case presents a question of jurisdiction arising from the levy in attachment proceedings on freight cars alleged to have been engaged, when attachéd, in interstate commerce. The case is here on certificate.
Plaintiff in error, as executor of the estate of Frank E. Jandt, • brought an action, against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company for causing the death of Jandt, a statute of Illinois giving such an action to the personal representative of a person whose death has been caused by “wrongful act, neglect or default.” The cause bf action arose inf Illinois. The…
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