Sweeney v. Tritsch
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. William H. Simpson. Petition by W. H. Sweeney and others to have a judgment over annulled and vacated for want of jurisdiction of the person. From an order denying the petition petitioner appeals.
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Appeal from Jackson Chancery Court. Heard before Hon. William H. Simpson. Petition by W. H. Sweeney and others to have a judgment over annulled and vacated for want of jurisdiction of the person. From an order denying the petition petitioner appeals. Leo Tritsch as assignee filed his bill against W. H. Sweeney and others to enforce a vendor’s lien and upon a sale of the property and the failure of the same to bring a sufficient amount to satisfy the decree, a judgment over was rendered against the non-resident after publication. No personal service was had. A court which has made a final…
1Opinion of the CourtMcCLELLAN, J.
Upon bill filed to declare and enforce against a nonresident, as shown on the face of the bill, a vendor’s lien, a decree was rendered granting the relief prayed, and, after sale of the property subject to the lien, a balance of the indebtedness found due remained unsatisfied. Thereupon, without other notice at any time than by publication to the defendant, a personal decree over for such balance was rendered. After the lapse of ten years the defendant, still a nonresident, *245petitioned the court in which the decree over had been rendered to vacate it on the ground that such decree was void,…
2Cases cited9 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Chamblee v. ColeSupreme Court of Alabama · 1900
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Ex Parte Full Circle Distribution, L.L.C.Supreme Court of Alabama · 2003
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Hartigan v. HartiganSupreme Court of Alabama · 1961
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Martin v. MartinSupreme Court of Alabama · 1911
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