Erwin v. Southern Railway
Supreme Court of South Carolina
Before Gary, J., Cherokee, Action by Bob Erwin in magistrate court against Southern Railway. From Circuit judgment reversing magistrate judgment, defendant appeals. Mr. Welch cites: 14 Ency., 2 ed., 805; 1 S. C., 158; 50 Minn., 405; 61 Vt., 295; 2 Shinn on Attachment and Garnishment, sec. 626; 68 Fed. R., 685; 36 Am. St. R., 167; 48 Id., 626; 30 Id., 889; 32 Id., 316; 72 Eed. R., 32; 40 Am. R., 581; 34 Am. St. R., 74; 47 Am.
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Before Gary, J., Cherokee, Action by Bob Erwin in magistrate court against Southern Railway. From Circuit judgment reversing magistrate judgment, defendant appeals. Mr. Welch cites: 14 Ency., 2 ed., 805; 1 S. C., 158; 50 Minn., 405; 61 Vt., 295; 2 Shinn on Attachment and Garnishment, sec. 626; 68 Fed. R., 685; 36 Am. St. R., 167; 48 Id., 626; 30 Id., 889; 32 Id., 316; 72 Eed. R., 32; 40 Am. R., 581; 34 Am. St. R., 74; 47 Am. R., 497. cite: Code of Proc., 182; N. C. Code of 1883, sec. 262; 16 U. S., 65; 18 U. S., 35; 13 Ency., 2 ed., 1008, 991, 995, 996; 28 S. C., 179; 9 Ency. P. & P., 809; 45…
1Opinion of the Court
Opinion.
The opinion of the Court was delivered by
Mr. Justice; Gary.
(After stating the foregoing facts.) The judgment in the garnishment proceedings was rendered by a court of limited jurisdiction. It was, therefore, necessary that the exemplification of the record should show upon its face that the court had jurisdiction of the res — the debt due by the Southern Railway Co. to Bob Erwin. In order to acquire jurisdiction of the res, it was essential that the court should have had jurisdiction of the Southern Railway Co., the garnishee, as the res follows the debtor wherever his domicil may be.…
2Cases cited2 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Chicago & Alton R. Co. v. Wiggins Ferry Co.Supreme Court of the United States · 1877
3Cited by2 opinions
- Rykard v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
- Rykard v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908