New York Life Ins. Co. v. DunlevyAnnotate this Case
241 U.S. 518 (1916)
U.S. Supreme Court
New York Life Ins. Co. v. Dunlevy, 241 U.S. 518 (1916)
New York Life Insurance Company v. Dunlevy
Argued May 14, 15, 1916
Decided June 5, 1916
241 U.S. 518
A party to an action does not, after final judgment, still remain in court and subject, without further personal service, to whatsoever orders may be entered under the title of that cause.
Interpleader proceedings brought by a garnishee are not essential concomitants of the original action in which the judgment was rendered on which the garnishment is based, but are collateral, and require personal service on the judgment debtor.
In Pennsylvania, a judgment debtor is not a party to a garnishment proceeding to condemn a claim due him from a third person, nor is he bound by a judgment discharging the garnishee.
Any personal judgment which a state court may render against one not voluntarily submitting to its jurisdiction, and who is not a citizen of the state nor served with process within its border, no matter what the mode of service, is void because the court has no jurisdiction over his person.
214 F. 1 affirmed.
The facts, which involve the effect of a garnishee proceeding in one state and pleaded in an action in another state, are stated in the opinion.
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