Clark v. Wells
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. The facts are stated in the opinion. The Circuit Court was wholly without jurisdiction to proceed in said cause either against the person or property of plaintiff in error, and the judgment against him was void.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. The facts are stated in the opinion. The Circuit Court was wholly without jurisdiction to proceed in said cause either against the person or property of plaintiff in error, and the judgment against him was void. The attachment of his property in the State of Montana did not give the state court jurisdiction to proceed to render a judgment against the plaintiff in error without personal service of process upon him-within the State of Montana. Pennoyer v. Neff, 95 U. S. 714; Caledonian Coal Co. v. Baker, 196 U. S. 445;…
1Opinion of the CourtJustice Day
' This case is here upon a question of jurisdiction of the Circuit Court, duly certified under the act of March 3, 1891, 26 Stat. 826.
- The action below was commenced by Wells against Clark, September 20, 1904, in the District Court of the First Judicial District of Montana, in and for Lewis and Clark County, to recover on a promissory note in the sum of $2,500, with interest-and costs.’ The summons in the action was returned September 22, 1904, with the indorsement by the sheriff that Clark could not be found in his county.
An attachment was sued out under the statutes of Montana (Code of…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
- Caledonian Coal Co. v. BakerSupreme Court of the United States · 1905
3Cited by59 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Riverside & Dan River Cotton Mills v. MenefeeSupreme Court of the United States · 1915
- State Ex Rel. St. Louis, Brownsville & Mexico Railway Co. v. TaylorSupreme Court of the United States · 1924
- Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910
- McLaughlin Brothers v. HallowellSupreme Court of the United States · 1913
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