Chapman v. Chapman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) If a defendant is not personally served and does not enter a voluntary appearance, a personal judgment cannot be rendered.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) If a defendant is not personally served and does not enter a voluntary appearance, a personal judgment cannot be rendered. Nevertheless, as the State has control over the marriage status of its inhabitants and also over property within its boundaries, in a suit for divorce and alimony, based on service by publication, the court may acquire jurisdiction to render a judgment in rem not only as to the marriage status, dissolving it, but also as to the property within the State, subjecting it to alimony award of the…
1Opinion of the CourtAllen, J.
Plaintiff herein sues for divorce, and seeks in the same action to have a receiver appointed to take charge of certain real estate alleged to be the property of her asco'nding husband, Fred E. Chapman, and to have the same, or a part thereof, appropriated to the payment of alimony in gross which she prays the court to award to her as a special lien or demand against such property. The suit proceeds, not only against plaintiff’s husband, but the latter’s brother also, to whom, it is alleged, the husband attempted to convey all of his real property in fraud of plaintiff’s rights. Plaintiff was…
2Cases cited21 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Murray v. MurrayCalifornia Supreme Court · 1896
- Adams v. CowlesSupreme Court of Missouri · 1888
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Blackinton v. BlackintonMassachusetts Supreme Judicial Court · 1886
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3Cited by4 opinions
- Burkhart v. Circuit Court of the Eleventh Judicial CircuitSupreme Court of Florida · 1941
- Chapman v. ChapmanSupreme Court of Missouri · 1917
- McLean v. McLeanNorth Dakota Supreme Court · 1940
- Schell v. SchellMissouri Court of Appeals · 1963