Rykard v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Purdy, J., Greenwood, April, 1907. Action by L. H. Rykard against Seaboard Air Line Railway. Prom order on Circuit affirming judgment of magistrate, W. G. Austin, defendant appeals. Mr. Glenn cites: A non-resident may be garnished in Georgia: 57 S. E., 104. The garnishment proceedings in Georgia are binding on plaintiff: 198 U. S., 215; 200 U. S-., 176. Messrs.
Read the full summary
Before Purdy, J., Greenwood, April, 1907. Action by L. H. Rykard against Seaboard Air Line Railway. Prom order on Circuit affirming judgment of magistrate, W. G. Austin, defendant appeals. Mr. Glenn cites: A non-resident may be garnished in Georgia: 57 S. E., 104. The garnishment proceedings in Georgia are binding on plaintiff: 198 U. S., 215; 200 U. S-., 176. Messrs. Grier and Park cite: This case is controlled by Brwirís case: 71 S. C., 229. The record does not show the Atlanta Court acquired jurisdiction of garnishee: Code of Ga., Secs. 4710, 4726, 4974, 4975, 4732; 90 Ga., 42; 94 Ga,,…
1DissentJustice Woods
I am unable to concur in the affirmance of the judgment of the Circuit Court. There was enough in the record of the garnishment proceedings in the city court of Atlanta to show that court had jurisdiction of the Seaboard Air Tine Railway Company, the garnishee. The record shows the summons was served by delivery to' J. A. Douglass, chief clerk, and Douglass, as chief clerk, submitted an affidavit in the nature of a sworn answer on behalf of the railway company. The case, therefore, is not controlled by Erwin v. Ry. Co., 71 S. C., 225, 50 S. E., 778.
The case of Harris v. Balk, 198 U. S., 215,…
2Cases cited2 opinions
- Harris v. BalkSupreme Court of the United States · 1905
- Erwin v. Southern RailwaySupreme Court of South Carolina · 1905