Harris v. Balk

198 U.S. 215 (1905)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

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.