South Dakota Commercial Ass'n v. Ramsey
South Dakota Supreme Court
Appeal from Circuit 'Court, Minnehaha County. ITon. Joseph W. Jones, Judge. Action by the South Dakota Commercial Association, a corporation, against W. H. Ramsey, to recover a money judgment against defendant as a noo-resident. From an order quashing service of summons, plaintiff appeals. If a non-resident has no» property within the state, there is nothing -upon which the tribunals can ■ adjudicate.
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Appeal from Circuit 'Court, Minnehaha County. ITon. Joseph W. Jones, Judge. Action by the South Dakota Commercial Association, a corporation, against W. H. Ramsey, to recover a money judgment against defendant as a noo-resident. From an order quashing service of summons, plaintiff appeals. If a non-resident has no» property within the state, there is nothing -upon which the tribunals can ■ adjudicate. Pennoyer v. Neff, 95 U. S. 714. An attachment defendant is not entitled to have the attachment quashed for the sole reason that he is not the owner of the property seized. 4 Cyc. 775, note;…
1Opinion of the CourtWhiting, J.
Plaintiff brought this action seeking a money judgment against defendant, a non-resident of this state; he is-issued a warrant of attachment and levied same upon certain real property situated in Sioux Falls; thereafter, upon an affidavit for publication setting forth the non-residence of defendant and that an attachment had been issued and levied upon the above mentioned property, describing same, he procured an order for substituted service of summons; the said summons was, pursuant to such order, personally served upon defendant without this state; defendant, appearing specially, moved…
2Cases cited11 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
- Greenwood Grocery Co. v. Canadian County Mill & Elevator Co.Supreme Court of South Carolina · 1905
- Iowa State Savings Bank v. JacobsonSouth Dakota Supreme Court · 1896
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