Dorr's Adm'r v. Rohr

Citations

• 82 Va. 359
• 1886 Va. LEXIS 44

Syllabus

<p>1. Judgments—Jurisdiction—Notice—Proceedings inrem.—Notice and opportunity to be heard are essential to the jurisdiction of all courts, even in proceedings in rem, and judgment without jurisdiction is a nullity.</p> <p>2. Order of Publication—Notice— War.—During the war between the Confederate States and the United States, an order of publication, executed in Virginia, was without legal effect, and no notice, actual or constructive, upon a resident of New York.</p> <p>3. Foreign Attachments—Notice to garnishee.-—Nor could jurisdiction be acquired of the fund attached by service of process on the garnishee, at such period, no legal service of notice being had on the non-resident defendant. Code 1873, ch. 148, sec. 20.</p> <p>4. Idem— Garnishee—Non-resident.—A garnishee in a foreign attachment is not the agent and representative of his creditor, the principal defendant; hence a seizure of the res, or attached fund, is not notice to the non-resident defendant, and cannot give jurisdiction.</p> <p>5. Idem—Statute of liynitations—Case at bar.-—In such case of attachment in equity instituted in July, 1861, upon service of process on resident garnishee and execution of order of publication against non-resident debtor in New York, the proceedings subsequent to the attachment having been set aside and an amended bill filed, and the non-resident debtor brought for the first time before the court the running of the statute of limitations was not suspended by those proceedings, and the plaintiff’s claim being an account for work and labor done, was barred before the filing of said amended bill.</p> <p>6. Idem—Saving clause—Appellate court.—Nor is plaintiff’s claim saved by Code 1873, ch. 146, sec. 20, which applies to a debtor “ who had before resided in this State,” and not to one who, like the debtor in this ease, had never resided here. Moreover, such defense, not having been raised by replication in court below, canhot, for the first time, be made in this court.</p> <p>7