Hannibal & St. Joseph Railroad v. Crane

Citations

• 102 Ill. 249
• 1882 Ill. LEXIS 21

Syllabus

<p>1. Garnishment—foreign corporation liable. A foreign corporation doing business and having property in this State is liable to garnishment, the same as a domestic corporation, and service of process may rightfully be made on its agent in this State.</p> <p>2. Same—service on foreign corporations. Foreign corporations doing business in this State are liable to be sued, the same as a domestic corporation or citizen, and process may be served upon its agent in this State, and the word “process” in the Practice act embraces process of every kind, including garnishee process.</p> <p>3. Same—costs. The act giving costs to the successful party has application to garnishee proceedings; but the garnishee should never be required to pay costs out of his own-means, unless he resorts to unnecessary and protracted litigation. Judgment for costs, when the court has jurisdiction, binds the principal debtor, and is a part of the recovery.</p> <p>4. Common law—how far adopted. The courts of this State are not required by our statute adopting the common law of England, to enforce local customs of that realm, as it does not prescribe local customs and statutes as a rule of action in this State. On the contrary, they are excluded.</p> <p>5. Attachments—laws relating to, liberally construed. Our statute relating to attachments, from its provisions and the spirit of the whole act, is entitled to, and should receive, a liberal, and not a strict construction.</p> <p>6. Action—whether local—and of a prior demand. A debt due from a foreign corporation to one. of its employes residing in the same State, payable by its treasurer, is not local, nor is the action to recover on the same a local action, to be brought in such State. Neither is any demand necessary in this State to authorize an action in our courts for its recovery.</p>