Louisville & Nashville R. R. v. McCarty
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by W. C. McCarty against Robert Green, with garnishment in aid thereof upon -the Louisville & Nashville Railroad Company. Judgment for plaintiff, and the garnishee appeals. The action was on a promissory note, with a writ of garnishment to the Louisville & Nashville Railroad Company in aid of the suit.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by W. C. McCarty against Robert Green, with garnishment in aid thereof upon -the Louisville & Nashville Railroad Company. Judgment for plaintiff, and the garnishee appeals. The action was on a promissory note, with a writ of garnishment to the Louisville & Nashville Railroad Company in aid of the suit. There was no personal service had on defendant, and on the answer of the-garnishee, judgment was rendered for plaintiff for the amount admitted to have been due defendant when the writ of garnishment was served. All…
1Opinion of the CourtSomerville, J.
The decisions of this court commit us irrevocably to the principle that a debt due to a nonresident defendant, by a nonresident corporation, for an obligation neither made nor to be performed in this state, is not within the jurisdiction of domestic courts, and, without personal service on the defendant debtor, cannot be subjected to the plaintiff’s debt by judgment against the garnishee corporation. — L. & N. R. R. Co. v. Dooley, 78 Ala. 524; A. G. S. R. R. Co. v. Chumley, 92 Ala. 317, 9 South. 286; L. & N. R. R. Co. v. Nash, 118 Ala. 477, 23 South. 825, 41 L. R. A. 331, 72 Am. St. Rep. 181;…
2Cases cited7 opinions
- Harris v. BalkSupreme Court of the United States · 1905
- Louisville & Nashville Railroad v. DeerSupreme Court of the United States · 1906
- Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
- Ala. Great Southern Railroad v. ChumleySupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. NashSupreme Court of Alabama · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State Ex Rel. Clark v. MerrillSupreme Court of Alabama · 1929