delivered the opinion of the Court.
The Colorado Supreme Court held null and void a judgment of the Wyoming court against the claim of Milliken that that judgment was entitled to full faith and credit under the federal constitution.
The controversy is over a l/64th interest in profits from operation, of certain Colorado oil properties. Transcontinental
1
on August 31,1922, contracted to pay Meyer
Later Milliken instituted suit in the Wyoming court alleging a ’ joint adventure with Transcontinental and Meyer and charging a conspiracy on their part to defraud, him of his rights. He sought a Cancellation of the con- , tracts of May 3, 1924, and an accounting from Transcontinental and Meyer. Meyer, who was asserted to be a resident of Wyoming, was personally served with process in Colorado pursuant to the Wyoming statutes;
3
buh he made no appearance in the Wyoming cause.
4
Transcontinental appeared and answered. The court- found, that there was a joint venture between Milliken and
That judgment was reversed by the Supreme Court of Colorado. It did not .pass on the question of whether or. not the Wyoming court had jurisdiction of the parties and subject matter.. It held that the Wyoming decree was void, on its face because of an irreconcilable contradiction between the findings and the decree. In its view the finding of the Wyoming court that Milliken’s assignment of May 3, 1924, to Transcontinental of his claims against Meyer was valid, deprived the court of any ground upon which it could predicate a judgment against Meyer, since
Where a judgment rendered in one state is challenged in another, a want of jurisdiction over either the person or the subject matter is of course open to inquiry.
Grover & Baker Sewing Machine Co.
v.
Radcliffe,
Accordingly, if the Wyoming court had jurisdiction over Meyer, the holding by the Colorado Supreme Court that the Wyoming judgment was void because of an inconsistency between the findings and the decree was not warranted.
On the findings of the Colorado trial court, not impaired by, the Colorado Supreme Court, it is clear that Wyoming had jurisdiction over Meyer in the 1931 suit. ' Domicile in the state is alone sufficient to bring an absent defendant within the reach of the state’s jurisdiction for purposes of a personal judgment by means of appropriate substituted service. Substituted service in such cases has been quite uniformly upheld where the absent defendant was served at his usual place of abo.de in the state
(Huntley
v.
Baker,
Reverséd.
Notes
Transcontinental Oil Co. In June, 1923, Transcontinental had disposed of a one-half interest in the properties in question to' Texas Production Co. In April, 1931, Ohio Oil Co. acquired the remaining interest of Transcontinental in the properties.
Milliken’s son, Carl S. Milliken, had an interest in the" Milliken claim which he likewise assigned to Transcontinental.
Wyo. Comp. Stat. 1920, § 5636 provided: “Service by publication may be had in either of the following cases: ... 6, In actions where the defendant, being a resident of this state, has departed from the county of his residence with the intent to delay or defraud his creditors, or to avoid the service' of a summons, or keeps himself concealed with like intent.”
Sec. 5641 provided:
“Personal service out of state. In all cases where service "may. be made by publication under the provisions of this chapter, personal service of a copy of the summons and the petition in said action may be made out of the state, and such summons, when issued for service out of the state, shall b.e returnable at the option of the party having, it issued,-, on the, second, third or fourth Monday after its date, and shall require the defendant or defendants named therein to answer the petition in said action on or before the third' Saturday after the return day named in said summons.”
His deposition, however, was taken on oral interrogatories con-1' eerning his legal-residence in Wyoming.
By the Ohio Oil Co. one of the vendees of Transcontinental. These .payments were to Margaret M. Milliken to whom Milliken's interests had been assigned.
Texas Production Co., and Ohio Oil Co. were joined as defendants. They filed separate answers and cross-complainte which are not material here. It should be noted, however, that the Ohio Oil Co. in its answer set up the contract between Milliken and Transcontinental whereby Milliken assigned all of his rights against Meyer in the lands and the 4/64ths interest in question to Transcontinental and alleged that Milliken was estopped thereby to make any claims agains* it for the disputed l/64th interest.
While the affidavit for constructive service stated in accordance with § 5636 of the Wyoming Comp. Stat., supra, note 3, that Meyer concealed himself in order to avoid service of summons, the present record does not show whether or not the Wyoming court so fourfh.
The Wyoming°judgment does not seem to have been proved by respondents in accordance with the provisions of R. S. §905, 28 U. S. C. § 687 in their suit in Colorado to set it aside. Nor was that judgment so proved by the answers. But since the Colorado trial court gave the Wyoming judgment full faith and credit despite lack of such proof, respondents cannot here claim that that was error.
