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Harris v. Balk

United States Supreme Court
198 U.S. 215, 25 S.Ct. 625 (1905)


 

Facts

Balk (plaintiff), a resident of North Carolina, owed $344 to Epstein, a resident of Maryland. Harris (defendant), also a resident of North Carolina, owed $180 to Balk. While Harris was travelling to Baltimore, Maryland, he was served with a writ of attachment from Epstein for the debt that he owed to Balk. After returning to North Carolina, Harris consented to the attachment. Shortly after this consent, Balk sued Harris in North Carolina state court for the $180. Harris argued that he had already paid the debt and that the Maryland judgment was entitled to full faith and credit by the North Carolina court. The North Carolina state courts held for Balk, finding that the judgment was not entitled to full faith and credit given that Harris was only temporarily in Maryland.

Rule of Law

Issue

Holding and Reasoning (Peckham, J.)

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Questions & Answers


How did Shaffer overturn Harris if it allows res to be subject of litigation

In Harris, the debt was the res and was the subject of the litigation. I'm having trouble understanding how in light of Shaffer, the harris case would have needed in personam jurisdiction over the parties if the res was still the subject of the litigation.

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