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1 Case & Com. 1 (1894-1895)

handle is hein.journals/cscmt1 and id is 1 raw text is: Case. and Comment, NOTES OF' RECENT IMPORTANT, INTERESTING DECISIONS. INDEX TO ANNOTATION OF THE LAWYERS' REPORTS, ANNOTATED. LEGAL NEWS NOTES AND FACETIYL. 'vot. 1. MAY, 1894. No. 1. CASE AND COMMENT. Monthly. Subscription, 50 cents per annum post- paid. Included with subscription to the L. R. A. and Gn. Dig. also the Law. Ed. U. S. Rep. Copyright 1894, and entered in the Post office at iochester, N. Y., as second-class matter, by THE LAWYERS' Co-OPERATIVE PUn. CO., Rochester, N. Y. M ae, York, 177 aroadway. c;-IrhOffices: Chicago, Lakeside luilding. I Boston, 10 Treront Street. N these days of industrial and commercial developments it is not to be expected that he science of the law can or will fail in growth aid change to keep pace with the conditions 4! which it is applied. To the lawyer, knowl- edge of its growth is a necessity, and a neces- qity appreciated in direct ratio with his ability, ambition and success. In the mass of opinions pf the courts handed down from the thousand jurisdictions of the country, the valuable, the pseful, that which really marks an advance in reasoning, or a novel application of settled rules, is commingled, an interminable hotch- pot, with the far larger proportion which is of interest only to the counsel who took part n tie case or the litigants affected by its result. To the proper presentation of this lesser fraction which is the greater, our labors are Tirected in the L. R. A.-to the sufficient indi- cation of the gist of all, in the General Digest. We have sometimes felt it a hardship that the well settled and arid limitations of a law report oir a digest Iroposition debarred us from the comments and comparisons which must occur to those familiar with the practical exigencies of the profession and the courts- now devoting their labor to lightening (or prtctice. We think too, barring egotism, our observations may be of interest, perhaps of value. Hence this leaflet. Tim, EDITOiS. I Garnishment against Non-resident. A question growing daily more important is that of the right of garnishment of a debt due to a non-resident by service upon his debtor only, or by mere constructive service on the non-resident creditor. It is a proceeding which, although upheld in some states, is open to the gravest objections. How it can be regarded a§ due process of law to take away a man's property, although that property may be only a chose in action or right to demand money from another, where he is not given any actual notice of the proceeding and is not even within the jurisdiction of the court, it is difficult to see. The only possible ground of jurisdiction seems to be that the debt has a situs for the purpose of the garnishment proceeding at the place where the debtor is found; and that the proceeding is, in a certain sense, a proceeding in rene like an attachment of tangible property. But the theory is based on a fiction as absurd as it is unjust in practice. Since the debtor by virtue of his relation to the debt is entirely unaffected by the success or failure of the garnishment proceeding, there is no justice in regarding him as the representative of the property interest of his creditor against whom the garnishment proceeding is brought. The conrt in one place pithily expresses the true situation by saying that there was no property, but rather an absence of property at the residence of the debtor, if the creditor resided elsewhere. ,But this claim of jurisdiction based on the situs of the debt at the residence of the debtor is not less pernicious than unsound. It per- nits the property of a non-resident to be practically confiscated in any state where his debtor may be found by proceedings to which he is not in apy true sense a party, and of which M may not have the slightest actual Digitized from Best Copy Available

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