Long v. Home Insurance Co.

Citations

• 114 N.C. 465

Syllabus

<p>Practice — Special Appearance — Service of Summons Outside of State- — Jurisdiction—A ttaclini en t.</p> <p>1. The finding of the Court below that an appearance entered by a . defendant in an action was a special appearance is not reviewable in this Court.</p> <p>2. The service of summons and other process which ch. 120, Acts of 1891, authorizes to be made upon a non-resident by an officer of the county and State where he resides, is “in lieu of publication in a newspaper,” and can only be made in those cases where publication could be made, to-wit, in actions which are virtually proceedings ¡u rom or qvasi in ran, and in which the jurisdiction as to non-residents only authorizes a judgment acting upon the property.</p> <p>3. Where an action is for the recovery of a debt and there is no attachment of the property to confer jurisdiction there can be no service by publication of the summons and, hence, actual service in another State “in lieu of publication” would be invalid.</p> <p>4. Where the enforcement of a debt or other liability is sought by subjecting property of a non-resident, the jurisdiction is based upon the seizure of the property and only extends to the property attached; and no personal judgment can be rendered against the defendant, not even for the costs,- or affecting other property within the State.</p>