HARRIS V. BALK

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HARRIS V. BALK Powered By Docstoc
					CIV PRO
HARRIS V. BALK, 198 US 215, 25 S.Ct. 625, 49 L.Ed. 1023 (1905) History: Trial court ruled in favor of Balk; NC Supreme Court affirmed b/c MD had no jurisdiction over Harris to attach the debt b/c Harris was only temporarily in the state, and situs of debt was in NC Facts: Harris (NC) owed Balk (NC) $180; Epstein (MD) claimed Balk (NC) owed him $344; Harris (NC) was visiting Baltimore, Epstein (MD) instituted a garnishee proceeding in a MD court, attaching the $180 debt Harris (NC) owed Balk (NC); Harris (NC) personally served; Harris (NC) paid $180 to Epstein (MD) Harris said he didn’t owe Balk anymore b/c he paid Epstein in MD court which NC would have to give full faith and credit Issue(s): Whether jurisdiction could be exercised over a person who was only temporarily in the state b/c his/her situs, therefore, was in that state, too. Holding: US Supreme Court reversed—MD did have jurisdiction over Harris Analysis: If creditor sues him to recover debt while he is in that state, he can no matter where the situs of the debt was originally Place of creation of debt is immaterial; payment of the debt only being enforced where the situs was fixed is untrue Obligation of debtor to pay follows him wherever he goes