Long v. Clark
Long v. Clark
Opinion of the Court
βIt has been settled, since the leading decision of Pennoyer v. Neff, 95 U. S. 714, 24 L. Ed. 565, was pronounced, that a personal judgment or decree rendered in a cause against a nonresident, upon whom, no personal service therein was had, is void, and, of course, unenforceable in any manner. That doctrine has been several times affirmed by this court. Exchange Bank v. Clement, 109 Ala. 270, 19 South. 814; L. & N. R. R. Co. v. Nash. 118 Ala. 477, 23 South. 825, 41 L. R. A. 331 [72 Am. St. Rep. 181].β
See, also, Jos. Joseph & Bros. Co. v. Hoffman & McNeill, 173 Ala. 568, 56 South. 216, 38 L. R. A. (N. S.) 924, Ann. Cas. 1914A, 718.
The case of Pennoyer v. Neff, supra, has not been disturbed by the subsequent decisions of that court, but, on the contrary, has been cited with approval. Roller v. Holly, 176 U. S. 398, 20 Sup. Ot. 410, 44 L. Ed. 520; 1-Iart v. Sansom, 110 U. S. 151, 3 Sup. Ct. 586, 28 D. Ed. 101. That case was rested upon constitutional grounds.
*455 We find nothing in any of the provisions of the act tending to show a purpose on the part of the Legislature to give the courts a new jurisdiction, entirely revolutionary, and, in the light of the foregoing authorities, beyond the legislative control.
We construe the act as merely providing for the better protection of nonresident defendants, who are properly made parties to litigation in this state, by requiring more specific notice, accompanied by copies of the complaint, bill, or petition, than had heretofore been provided by the statutes. Illustrations may be easily found by comparison, but we consider a further discussion unnecessary. We are therefore clearly of the opinion that the court below properly construed said act, and committed no error in the several rulings complained of.
It results that the judgment of the trial court will be here affirmed.
Affirmed.
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