Griswold v. Popham

JUDGE ROBERTSON

delivered the opinion op the court :

Although, the service prescribed by the 86th section of the Code is therein denominated “ actual,” as contradistinguished from “ constructive,” as defined in section 88 and regulated in title 10, chapter 1; yet section 450 forbids a judgment in personam, against not only a party “ constructively ” summoned, but a defendant also who had been cited in the mode prescribed in the said section 86.

Consequently, the personal judgment against Griswold ’was unauthorized, and must be reversed.

The personal judgment against Allen as garnishee is also…