Stanley Matthews

“ The principle which protects a person against the operation of judicial proceedings to which he is not a party is one of universal jurisprudence, because it is the dictate of common justice. Pennoyer v. Neff, 95 U.S. 714. But the rule that exonerates a defendant actually served with process from the obligation of a judgment, because rendered also against another who has not been served, and therefore is not bound, is purely technical ”

“ That court, whose opinion is certified to us in the record, in affirming the judgment of the court of original jurisdiction in New Hampshire in favor of the defendant, proceeded on the ground that, by the common law in force in New Hampshire, a joint judgment against two defendants is void as to both, where only one is served with process, and, although valid by the law of Louisiana, where it was rendered, can have no other effect, when sued on in New Hampshire, than if it had been rendered in the latter state. ”

“ At October term, 1883, a motion was filed to dismiss the cause on two grounds: (1) Because the citation had been served on the defendant in error in Massachusetts by the marshal of that district; and (2) because the present plaintiff in error had been improperly substituted as successor to the plaintiff in the judgment sought to be reviewed. This motion to dismiss, although submitted to the court at that term, was postponed until the hearing on the merits.
So far as the first ground is involved, it comes too late. ”