Belcher v. Chambers

By the Court : In Galpin v. Page, 18 Wall. 336, the Supreme Court of the United States said: “ The presumptions which the law implies in support of the judgments of superior Courts of general jurisdiction only arise with respect to jurisdictional facts concerning which the record is silent. Presumptions arc only indulged to supply the absence of evidence or averments respecting the facts presumed. They have no place for consideration when the evidence is disclosed or the averment is made. When, therefore, the record states the evidence or makes an averment with reference to a jurisdictional fact, it will be understood to speak the truth on that point, and it will not be presumed that there was other or different evidence respecting the fact, or that the fact was otherwise than as averred. If, for example, it appears, from the return of the officer or the proof of service contained in the record, that the summons was served at a particular place, and there is no averment of any other service, it will not be presumed that service was also made at another and different place; or if it appear in like manner that the service was made upon a person other than the defendant, it will not be presumed, in the silence of the record, that it was made upon the defendant also. Were not this so it would never be possible to "attack collaterally the judgment of a Superior Court, although a want of jurisdiction might be apparent upon its face. The answer to the attack would always be that, notwithstanding the evidence or averment, the necessary facts to support the judgment are presumed.

“ The presumptions indulged in support of the judgments of

[640]superior Courts of general jurisdiction are also limited to jurisdiction over persons within their territorial limits, persons who can be reached by their process, and also over proceedings which are in accordance with the course of the common law. ****** Whenever, therefore, it appears from the inspection of the record of a Court of general .jurisdiction that a defendant against whom a personal judgment or decree is rendered was, at the time of the alleged service, without the territorial limits of the Court, and thus beyond the reach of its process, and that he never appeared in the action, the presumption of jurisdiction over his person ceases.” And in Pennoyer v. Neff, 95 U. S. 714, it was held by the Supreme Court of the United States that, although a State having property of a non-resident within her territory may hold and appropriate it to satisfy the claim of her citizen against him, and her tribunals may inquire into his obligation to the extent necessary to control the disposition of that property, yet, in the absence of such seizure, a personal judgment is without validity if it be rendered by a State Court in an action upon a money demand against a non-resident, who was sued by publication of summons, but upon whom no personal service of process within the State was made, and who did not appear.