Harris v. Balk

198 U.S. 215 (1905)


Harris (D) was a resident of North Carolina and was indebted to Balk (P) also a resident of North Carolina for $180. There was no written evidence of the obligation. Epstein, from Baltimore, asserted that P was indebted to him for $344 from the sale of general merchandise. D visited Baltimore for the purpose of purchasing merchandise and while in that city, Epstein got a court to issue a nonresident writ of attachment against D attaching the debt due from D to P. The sheriff got a hold of D and served him with the attachment papers. D left and returned home to North Carolina and made an affidavit that he owed P $180. Judgment was entered for Epstein and D paid that amount to Epstein's attorney. P then sued D for the $180 and D pled the action in Maryland as a bar to recovery. The trial court did not allow D's defense and entered judgment for P; the Maryland court did not have jurisdiction to attach or garnish the debt due from D to P because D was only temporarily in Maryland.