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Civil Procedure Keyed to Marcus
Harris v. Balk
Citation:
198 U.S. 215 (1905)Facts
North Carolina resident Harris owed $180 to another North Carolina resident, Balk. Balk owed $300 to Epstein, a Maryland resident. While Harris was in Maryland on a business trip, a Maryland court issued a writ of garnishment for the $180 debt that Harris owed Balk, at Epstein’s request. Harris paid the $180 to Epstein’s lawyer. Balk then sued Harris in North Carolina to recover the $180 debt. Harris argued that the debt had been paid; Balk argued that the Maryland court had lacked jurisdiction over Harris. The North Carolina court agreed with Balk, refusing to accord full faith and creditto the Maryland judgment. Harris appealed.
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