United States Supreme Court Cases & Opinions

U.S. Supreme Court

New York Life Ins. Co. v. Dunlevy, 241 U.S. 518 (1916)

New York Life Insurance Company v. Dunlevy

No. 290

Argued May 14, 15, 1916

Decided June 5, 1916

241 U.S. 518

Syllabus

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.

Page 241 U. S. 519