Battle, Heck & Co. v. Carter

Moore, Associate Justice.

The only question in this case is whether a suit can be maintained in the courts of this State by a citizen of another State against non-residents for the collection of a debt by foreclosure of a mortgage given to secure payment on land in this State when the defendants are cited by publication merely, and without attaching said land or other property of the defendants.

It is a universally admitted principle of international law that a judgment against a non-resident without personal service, unless the proceeding is in rem, is entitled to no consideration beyond the…