Opinion · Supreme Court of Rhode Island

Maertens v. Scott

Maertens v. Scott, 33 R.I. 356 (R.I. 1911)

Type
Opinion
Court
Supreme Court of Rhode Island
Jurisdiction
Rhode Island
Date
1911-07-21
Topic
general

Parkhurst, J. Without receding from the opinion already given, that the process of garnishment is inappropriate to the determination of the rights of parties and other persons interested under the agreement of deposit of shares of stock with the garnishee in this case, and without conceding that the question already discussed in that opinion is not properly before the court under the plea to the jurisdiction, I concur in the opinion of Mr. Justice Sweetland,. in so far as it holds that shares in a foreign corporation, having no duly appointed attorney in this state, cannot be reached by process of garnishment of certificates which are-in the possession of a person in this state. Johnson, J., dissents.

Citator

UpLaw has not yet analyzed Maertens v. Scott. The absence of a flag is not a finding that it is good law.

Parkhurst, J.

Without receding from the opinion already given, that the process of garnishment is inappropriate to the determination of the rights of parties and other persons interested under the agreement of deposit of shares of stock with the garnishee in this case, and without conceding that the question already discussed in that opinion is not properly before the court under the plea to the jurisdiction, I concur in the opinion of Mr. Justice Sweetland,. in so far as it holds that shares in a foreign corporation, having no duly appointed attorney in this state, cannot be reached by process of garnishment of certificates which are-in the possession of a person in this state.

Johnson, J., dissents.