Atchison, T. & S.F. Ry. Co. v. Wells, 265 U.S. 101 (1924)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 265 U.S. 99, click here.

Atchison, Topeka & Santa Fe Railway Company v. Wells

No. 232

Argued April 23, 1924
Decided May 12, 1924
265 U.S. 101

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. The rolling stock of a railroad, and traffic balances owing it, are not exempt from attachment or garnishment merely because the former are used, and the latter derived, in interstate commerce. P. 103.

2. A state statute permitting a citizen and resident of another state to prosecute a cause of action which arose elsewhere against a railroad corporation of another state which is engaged in interstate commerce and neither owns nor operates a railroad, nor has consented to be sued, in the state where the action is brought is so far invalid. Davis v. Farmers Cooperative Co., 262 U.S. 312. Id.

3. Judgments obtained by garnishment and constructive service against a foreign railroad corporation and a local railroad corporation, as garnishee, on such a cause of action held void as an unreasonable interference with interstate commerce, and their enforcement subject to be enjoined in a suit by the foreign corporation in a federal court against the judgment creditor and his attorney. Id.

285 F. 369 reversed.

Certiorari to a decree of the circuit court of appeals affirming a decree of the district court, which dismissed a bill to enjoin the enforcement of judgments.