123 Ky. 405 | Ky. Ct. App. | 1906
Opinion by
Affirming.
The appellant, Allie Downs, intermarried with John Downs in the State of Missouri in 1891. After their marriage they moved to the State of Indiana, where they lived for some time as man and wife, but where the appellant, owing, as she claims, to the brutal treatment, of her husband, left him and returned to her former home in Missouri, where she afterward instituted an action against him for divorce which was granted her, and in addition she was awarded a judgment against him for the sum of $1,500 as alimony. This judgment was obtained by constructive process. After residing in Indiana for some time after the obtention of the judgment by his wife, Downs returned to his old home in Eminence, Ky., where he died intestate, without having again married, and leaving an estate valued at about $8,000. The appellant then instituted this action in the Henry circuit court, for the purpose of settling his estate, and subjecting it, in so far as that was necessary, to the payment of her judgment. Her claim was resisted by the personal representative and heirs of the decedent, mainly upon the ground that the judgment, being in personam, is void for want of jurisdiction in the Missouri court.
For the purpose of discussing the question thus arising, it may be assumed that appellant was legally domiciled in the State of Missouri at the time of the institution of her action there, that all of the proceedings had were entirely regular, and that the statutes of Missouri fully warranted the judgment which was rendered. The question still recurs: Could the statutes of Missouri authorize, by any procedure short of actual process upon the defendant within its boundaries, or the entry of his appearance to the action, a personal judgment against him? We have no doubt
In Freeman on Judgments, § 564, the rule is thus stated: “It is said that ‘no sovereignty can extend its process beyond its own territorial limits, to subject either person or property to its judicial decisions. Every exertion of authority of this sort beyond this limit is a mere nullity.’ ” And, speaking particularly of' judgments of divorce, the learned author says (section 584): Judgments procured in any State by constructive service of process upon non-residents are, as we here have already seen, of no extra territorial force in imposing obligations in personam. But a sen
The counsel for appellant fail to recognize that a proceeding for divorce may be dual in its nature; that in so far as it settles the civil status of the parties or their children, or subjects property within the jurisdiction of the court to the satisfaction of the decree, it is in rem, and the defendant may be bound, although before the,court only by constructive process; but that when the court g'oes further, and awards a money judgment against him, it must have obtained jurisdiction of his person in one of the two ways heretofore pointed out, in order that the judgment may be enforceable in a foreign State.
When this distinction is borne in mind, the authorities are harmonious, and without exception, so far as we are advised, sustain the ruling’ of the circuit court in the case at bar, in holding appellant’s judgment for alimony on constructive process against her husband void.
The judgment is affirmed.