James Clark McReynolds

“ It has been affirmatively held in Pennsylvania that a judgment debtor is not a party to a garnishment proceeding to condemn a claim due him from a third person, and is not bound by a judgment discharging the garnishee (Ruff v. Ruff, 85 Pa. 333) ; and this is the generally accepted doctrine. Shinn, Attachment & Garnishment, § 725. Former opinions of this court uphold validity of such proceedings upon the theory that jurisdiction to condemn is acquired by service of effective process upon the garnishee. ”

“ The established general rule is that any personal judgment which a state court may render against one who did not voluntarily submit to its jurisdiction, and who is not a citizen of the state, nor served with process within its borders, no matter what the mode of service, is void, because the court had no jurisdiction over his person. Pennoyer v. Neff, supra; Freeman, Judgm. 4th ed. § 120a; Black, Judgm. 2d ed. §§ 904 and 905.
We are of opinion that the proceedings in the Pennsylvania court constituted no bar to the action in California, and the judgment below is accordingly affirmed. ”

“ Dunlevy, the court of common pleas at Pittsburgh had ample power through garnishment proceedings to inquire whether she held a valid claim against the insurance company, and, if found to exist, then to condemn and appropriate it so far as necessary to discharge the original judgment. ”