Clark v. Wells, 203 U.S. 164 (1906)

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 203 U.S. 151, click here.

Clark v. Wells

No. 42

Submitted October 18, 1906
Decided November 19, 1906
203 U.S. 164

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF MONTANA

Syllabus

No valid judgment in personam can be rendered against a defendant without personal service or waiver of summons and voluntary appearance; an appearance, for the sole purpose of obtaining a removal to a federal court of a defendant not personally served but whose property has been attached in a suit in a state court, does not submit the defendant to the general jurisdiction or deprive him of the right to object, after the removal of the case, to the manner of service.

After a case has been removed from the state court to the federal court, the latter has full control of the case as it was when the state court was deprived of its jurisdiction, and property property attached in the state court is still held to answer any judgment rendered against the defendant, and publication of the summons in conformity with the state practice is sufficient as against the property attached. But a judgment entered on such service by publication can be enforced only against property attached.

Where a judgment collectible only from property attached is absolute on its face, the court so entering it exceeds its jurisdiction and the judgment will be modified and made collectible only from such property.

136 F. 462 modified and affirmed.

The facts are stated in the opinion.