31 Kan. 180 | Kan. | 1884
The opinion of the court was delivered by
The facts in this case are as follows: Plaintiff in error is a corporation created under the laws of the state of Nebraska, and having its principal office in the city of Omaha, in that state.- It has leased and is operating a line of railroad running from Lincoln, Nebraska, to Atchison, Kansas, some thirty-seven miles of which are within the limits of this state. In the operation of this road it em
We think these propositions are sound: The laws of a state have no extra-territorial force. This as a general proposition is unquestioned, and includes within its scope exemption as well as other laws. So, although the laws of Nebraska, where employer and employé reside, exempt laborers’ wages absolutely, it does not follow that the courts of another state will, in controversies pending before them, enforce the same exemption. On the contrary, the matter of exemption being
It may be conceded that in the courts of a state any citizen of that state may be enjoined from resorting to the courts of any other state for the purpose of evading the exemption laws of his own state. (Snook v. Snetzer, 25 Ohio St. 516.) But no such doctrine or implication therefrom applies in the case at bar, for while the debtor and the garnishee were citizens of Nebraska, the residence of the plaintiff, the creditor, is not disclosed. It does not appear that he was a citizen of Nebraska seeking through proceedings in a court of a sister-state to avoid the exemption laws of his own. For aught that appears he is a citizen of Kansas, appealing only to the-laws and the courts of this state for the collection of his debt, and simply denying that the laws of another state shall prevent the collection of his debt according to the laws and procedure of his own state.
Again, no question arises here as to the effect of a judgment against the garnishee in the courts of this state as-against proceedings to collect the debt in the state of Nebraska, where the debt was created. As to that question, the-cases of Pierce v. Rld. Co., 36 Wis. 283, and Moore v. Rld. Co., 43 Iowa, 385, seem to be divergent. As to which states-the law correctly, we need not now inquire. The questiom in this case is not what is the effect of a judgment against a. garnishee, but what ought to be such judgment. Of course-no debtor should be required to pay his debt twice, but at. the same time if he goes into a state outside the state of his
Again, so far as any question arises under the laws of this state defining exemption liability, it is enough to say that while the testimony disclosed is not perfectly satisfactory, it does not appear that all the testimony bearing upon that question is preserved in the record. Hence wé cannot affirm that there was any error in the ruling of the trial court in this respect. As to the liability of defendant to garnishee proceedings like this, it must be sustained. Whatever doubts may have existed in some states, it seems to us clear that a
For a further discussion of the questions in this case, we refer with approval to the two carefully-prepared opinions of the learned judge who tried this case in the district court, and which are presented in the brief of counsel for defendant in error. We cannot add to the arguments so clearly and ably stated therein by Judge Martin.
A cross-petition in error has been presented. So far as the attempt to attach a new case-made, or further portions of the record, is concerned, it is unauthorized, and all such, matter must be stricken out. Upon the case-made itself, counsel present this question: At the time of service of garnishee process the railroad company was indebted to Jackson in the amount for which it was adjudged liable. He continued in the company’s employ till the latter part of the month, under the same contract of employment. Now did the garnishee process bind only the amount earned by defendant and due from the garnishee at the time of service of process, or does it reach to all earned under the existing contract up to the answer day? This is the third case stated in the opinion in Phelps v. Rld. Co., 28 Kas. 165, and left undecided at that time. Presented now, we are compelled to pass upon it. The ruling of the district court is correct. Garnishee proceedings mean this: the creditor takes the place of the debtor. “Only this and nothing more.” The former takes only that which the latter could enforce., That which the garnishee owes, whether due or not, is appropriated; but the process has no future effect. It does not touch that which
There being no other question, the judgment is affirmed.