Kerns v. McAulay

Citations

• 8 Idaho 558
• 69 P. 539
• 1902 Ida. LEXIS 46

Syllabus

<p>Attachment — Personal Service oe Summons — Nonresident—Personal Judgment. — A state court cannot legally enter a personal judgment against a nonresident, in the absence of personal service or personal appearance.</p> <p>Idem. — Where sendee of summons on a nonresident defendant is made by publication, and his property within the state is attached, and a personal judgment thereafter entered, the judgment is valid as against the party attached, hut no further.</p> <p>Statute oe Idaho. — There is no statute in this state requiring the judgment in a case like the one at bar to recite that an execution shall issue against the attached property; that it is a judgment in rem, and only valid as against the property attached.</p> <p>Requirement oe Affidavit in Attachment. — Under each subdivision 1 and 2 of section 4303 of the Revised Statutes, the affidavit for an attachment must state amount of the indebtedness sought to be recovered over and above all legal setoffs or counterclaims.</p> <p>Idem. — In an affidavit for an attachment against the property of a nonresident, it is not absolutely necessary to aver therein that the defendant is a nonresident, provided the affidavit shows that the debt is not secured.</p> <p>Idem. — The provisions of said section do not, in terms, require the . affidavit to state that the indebtedness is due, but by necessary implication it clearly requires that to he done.</p> <p>Motion to Vacate Judgment — Time to Make. — Under .the provisions of section 4229 of the Revised Statutes, a motion may be made to vacate and set aside a judgment within six months after the adjournment of the term at which such judgment was rendered.</p> <p>Presumptions in Pavor oe Court oe General Jurisdiction. — A court of general jurisdiction is presumed to have acted regularly and as prescribed by law, unless the contrary is shown by the record.</p> <p>(Syllabus by the court.)</p>