Plummer v. Hatton
Supreme Court of Minnesota
Appeal by defendant, Thomas Hatton, from an order of the Mu■nicipal Court of the City of St. Paul, Cory, J., made March 30, 1892, •refusing a new trial. Eoyal Plummer, on December 1, 1883, recovered a judgment against Thomas Hatton, before A. H. Bjoraker, a justice of the peace in Eice County, for the sum of $57.86. The judgment was docketed in Eice and Eamsey counties.
Read the full summary
Appeal by defendant, Thomas Hatton, from an order of the Mu■nicipal Court of the City of St. Paul, Cory, J., made March 30, 1892, •refusing a new trial. Eoyal Plummer, on December 1, 1883, recovered a judgment against Thomas Hatton, before A. H. Bjoraker, a justice of the peace in Eice County, for the sum of $57.86. The judgment was docketed in Eice and Eamsey counties. Hatton was at the time of the institution of the action, and had been for five years prior thereto, a resident of the Territory of Dakota, and no summons was served upon him, nor did he appear in the action. There was an…
1Opinion of the CourtMitchell, J.
In an action to enforce a pecuniary liability against a nonresident, where process is constructively served by publication, and he does not voluntarily appear, the proceedings, although in form in personam, are, in effect, in rem. It is only by attaching-property that the court acquires jurisdiction, and then only to the-extent of the property attached. The judgment'in such a case would have no effect beyond the property attached. No general execution could be issued for any balance unpaid after the attached property is exhausted. No suit could be maintained on such a judgment, nor could it…
2Cases cited3 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Kenney v. GoergenSupreme Court of Minnesota · 1886
- Burke v. BaldwinSupreme Court of Minnesota · 1892
3Cited by13 opinions
- Thurston v. ThurstonSupreme Court of Minnesota · 1894
- Toncray v. ToncrayTennessee Supreme Court · 1910
- Silver Camp Mining Co. v. DickertMontana Supreme Court · 1904
- Curran v. NashSupreme Court of Minnesota · 1947
- Roberts v. RobertsSupreme Court of Minnesota · 1917
8 more not listed; retrieve them via the Exa API.