Mills v. Trans Caribbean Airways, Inc.

HERRMANN, Justice.

This is an appeal from the decision of the Superior Court declaring unconstitutional the Delaware Foreign Attachment Statute insofar as it permits the pre-judgment garnishment of wages in the hands of an employer, due and owing to a nonresident employee, without prior notice and hearing. See Opinion below at 265 A.2d 39.

The constitutional question is raised by the garnishee-employer, the employee having chosen not to enter an appearance in the cause.

The appellant-creditor raises the question of the employer’s standing to challenge the constitutionality of the Statute. It is…