This is аn original action in this Court in which J. H. Lyons, James R. Downes, John L. McCarthy and John J. Dempsey seek an ordеr of this Court prohibiting the respondent, Holland G. Bryan, Judge of the McCracken Circuit Court, from en
In many respects this is a companion case to that of Armstrong v. Bryan, Ky.,
The contempt of which the petitioners in this action, and those in the Armstrong case, were adjudged guilty, consisted of violation of a restraining order issued by the McCracken Circuit Cоurt. Certain members of Local 595 of the International Association of Bridge, Structural and Ornamental Iron Workers had brought action in the McCracken Circuit Court, against Lyons, Downes, McCarthy, Dempsey, Armstrong, Hobbs and Drake, individually and as officers and representatives of the internationаl association, seeking to enjoin them permanently from interfering in the affairs of the local union. The restraining order was issued at the time the complaint was filed, and summons was issued at the same time. All of the defendants were nonresidents of Kentucky, and therefore it was impossible to obtain personal service of the summons upon them. However, all of the defendаnts received actual notice of the restraining order, and of its contents.
After a time, thе defendants Armstrong, Hobbs and Drake, individually and as officers and representatives of the international association, entered their appearance in the action in the сircuit court, but Lyons, Downes, McCarthy and Dempsey did not enter their appearance and have never been personally served.
On April 9, 1954, a rule was. issued against all of the defendants, requiring them to show cause why they should not be punished for contempt of court for violating the restraining order.; This" rule was served on the defendants by mail and by leaving copies at their residences or offices. Following a hearing, the court adjudged all of the defendants .in contempt; and assigned the case for a jury trial for the purpose of fixing their punishment
As we view it, the question before us is whether the circuit court has power to punish for contempt a pеrson upon whom personal service has not been obtained and who has not voluntarily subjеcted himself to the jurisdiction of the court.
We think it may be assumed that Lyons, Downes, McCarthy and Demрsey were bound by the restraining order, because it was directed against them and they had actual knowledge of its provisions. Wallace v. Sowards,
In the Restatement of the Law of Judgments, Section 26, p. 118, Comment “a”, it is said:
“A cоurt has no jurisdiction to render a personal judgment against members of a class who are not personally subject to the jurisdiction of the court. *■ * *”
It is true that Armstrong, Hobbs and Drake entered thеir appearance, individually and as officers and representatives of the international association, and this probably brought the association itself before the cоurt. Jackson v. International Union of Operating Engineers,
Since Armstrong, Hobbs and Drаke had entered their appearance in the main action, they were personally before the
In attempting to punish Lyons, Downes, McCarthy and Dempsеy the court is acting without jurisdiction. Therefore, the remedy of prohibition may be invoked. Chamblee v. Rose, Ky.,
The order issued by a Judge of this Court on July 9, 1954, is made permanent, and the respondent is рrohibited from proceeding further to punish the petitioners for contempt until such time as personal jurisdiction of the petitioners is acquired.