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· 2/26/1900

Roller v. Holly

Citations

  • 176 U.S. 398
  • 20 S. Ct. 410
  • 44 L. Ed. 520
  • 1900 U.S. LEXIS 1745

Syllabus

<p>A state statute authorizing service of process by publication or otherwise upon absent and non-resident defendants, has no application to suits in personam; but is a sufficient authority for the institution of suits in rem, where, under recognized principles of law, such suits may be instituted against non-resident defendants.</p> <p>Where a statute specifies certain classes of cases which may be brought against non-residents, such specification operates as a restriction and limitation upon the power of the court; but where the power is a general one it is, as respects suits in rem, subject to no limitation.</p> <p>Where service of process was made upon a defendant residing in Virginia, requiring him to appear and answer a suit in Texas within five days, it is held that such notice was not a reasonable one, was not “ due process of law ” within the Fourteenth Amendment to the Constitution of the United States, and that a judgment obtained upon such notice was not binding upon the defendant.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “The right of a citizen to due process of law must rest upon a basis more substantial than favor or discretion.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer, Brown

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.