The Western Jurist Volume 16

The Western Jurist Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...person, acquire rights and incur liabilities precisely as a natural person. If so empowered, it may contract debts, purchase, sell, and enjoy property; and it is not denied in this case that this company was so empowered to contract the debt, and that it owed the money to Crane. It, then, for the purposes of this suit, must be regarded as a person capable of owning property, and of being indebted, and liable to be sued for its indebtedness. If this be true, it must be treated the same in all respects as a natural person placed in the same situation. This we think will not be contested, as we are aware of no law giving such bodies pre-eminence or special privileges over natural persons. Suppose a merchant in Missouri, transacting his principal business there, had located a. branch in Quincy, in this State, and the agent of that branch had been garnisheed for a debt his principal owed his chief clerk or book-keeper in the principal place of business, could the garnishee process be sustained in such a case? If so, then it must lie against this railroad company. In this and the supposed case, the artificial and the natural persons are both non-residents, both owe an employe who is indebted to a non-resident of the State of their domicil, are both doing a branch or collateral business at the place of the residence of the creditor of their employes, and we will suppose that in both cases that creditor sues out an attachment againstseveral employes, and garnishee summons is served on their several agents. Can any person, without extreme refinement and impalpable distinctions, say that the one proceeding should be sustained and the other defeated? It would seem on principle that no reasonable or justifiable distinction could be made. Then, more

Product details

  • Paperback | 338 pages
  • 189 x 246 x 18mm | 603g
  • United States
  • English
  • black & white illustrations
  • 123695548X
  • 9781236955487