wise interested in, the subject matter in controversy. J. H. Duncan."

The record shows, as well as the case on appeal, that Hinton did not appear under the notice issued by the court in Norfolk, and judgment was recovered by the plaintiff, administrator of Mitchell, against the defendant company for the amount mentioned in the policy, and it was also decreed that Hinton should "be forever barred of any claims in respect to the subject matter of this suit against the defendant company."

On the trial of the present action in the superior court of Pasquotank county, several issues were submitted to the jury, but only the sixth and seventh are material to be considered on this appeal. The sixth issue was, "Did B. L. Brothers, administrator of William M. Mitchell, recover judgment against defendant for the amount of said policy in Virginia?" and the seventh issue was, "Is plaintiff estopped by said judgment?" The court instructed the jury that if they believed all the evidence they should answer the sixth and seventh issues "Yes."

The evidence material to be considered in its bearing on the sixth and seventh issues consisted of the record of the Virginia court, the parol testimony of Hinton to the effect that no process was ever served on him in Virginia; that he was never in that state while the suit was pending; that he did not know when the suit was brought, and that the only process of any kind ever served on him was the notice issued by the law and chancery court of Norfolk. A witness for the company, C. E. Johnson, testified that he saw Hinton, the 22 plaintiff, in Norfolk several times while the suit was pending in that city, in the law office of some of the attorneys in the case, talking to them about the case, and trying to get a settlement of it. That witness further said that he would not say Hinton was present at the trial, or in Norfolk when the case was being tried, as he did not know but that Hinton knew of the pending of the action, and all about it.

We are of the opinion that the instruction of his honor was erroneous. All of the evidence showed that the plaintiff, Hinton, did not appear in the action in the court at Norfolk. So there is but one point in the case, and that is as to the effect upon Hinton of the judgment in the court of law and chancery of Norfolk, Virginia, which recited that John L. Hinton, the defendant in that action (the plaintiff in this)

had been duly served with the order making him a party to the suit there. That was the only point argued here, and the contention of the defendant was that the judgment from the Virginia court, because it recited that service of the notice had been duly made on the defendant, Hinton, was an estoppel, complete, against the plaintiff in the present action. The main reliance of the defendant was upon the principle laid down in Harrison v. Hargrove, 120 N. C. 96, 58 Am. St. Rep. 781. There is a clear distinction between the law laid down in Harrison v. Hargrove, 120 N. C. 96, 58 Am. St. Rep. 781, and that which is involved in this case. In Harrison v. Hargrove, 120 N. C. 96, 58 Am. St. Rep. 781, the summons was not found among the papers in the case, and there was no other evidence of the service of the summons or of the appearance of the defendants except that in the decree for a sale of the land. It was declared that personal service of the summons had been made, and this court held that in such a case the recital of the service of process upon the defendants protected an outsider who purchased the land ordered to be sold in the 23 decree, the purchaser being ignorant that personal service had never been made on the defendants.

In the case before us the record shows that the recital made in the case in the court of law and chancery in Norfolk was an erroneous recital in law, because there appeared in the record the return of the person who was deputized to serve the process upon the defendant, Hinton, in that action, and that return shows upon its face that the attempted service was absolutely void.

The court in Virginia, in making the order for the service of the notice upon the defendant, Hinton, claimed the authority to make personal service upon the defendant in North Carolina, under section 2998 of the code of Virginia. Such an order was invalid and void, and the service made under it was therefore void.

Each state in the Union is a coequal with the others in point of authority and power, and it is elementary learning that one state, through its courts, cannot extend its coercive power nor provide for personal service of process nor affect by judicial determination property outside of its own territory. Any attempt by one state to give to its courts jurisdiction beyond its own limits over persons domiciled, or property situated, in another state, is a usurpation of authority and is void. This

law would not apply, of course, in cases where the courts of one state had made personal service of process upon persons who lived in another state, but who had put themselves within the jurisdiction of that other state. And other methods of giving notice of court proceedings to nonresidents are permitted, as service by publication, where the property of the nonresident is brought under the control of the court by attachment or other equivalent act, the theory of the law being that the owner is always in possession of his 24 property, and that its seizure will inform him of the seizure, and that he will look out for his interest. And also other methods of service of process will be allowed in cases where property is sought to be partitioned between residents and nonresidents; in cases to enforce a contract between such persons concerning property within the jurisdiction; in cases of condemnation of a nonresident's property for public purposes, and also to fix the status of a nonresident as to his relations with a resident within the jurisdiction-as in divorce proceedings. But as was said in Pennoyer v. Neff, 95 U. S. 727: "Where the entire object of the action is to determine the personal rights and obligations of the defendants—that is, where the suit is merely in personam-constructive service in this form upon a nonresident is ineffectual for any purpose. Process from the tribunals of one state cannot run into another state and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state and process published within it are equally unavailing in proceedings to establish his personal liability." To the same effect is the opinion in Grover etc. Sewing Machine Co. v. Redcliffe, 137 U. S. 287. The attempt, therefore, which was made to make the service upon the defendant, Hinton, through the process from the court of law and chancery in Norfolk being void, it follows that the judgment, based upon that attempted service which "forever barred any claims of Hinton in respect to the subject matter of this suit against the said defendant, the Penn Mutual Life Insurance Company of Pennsylvania," is also void.

The defendant's counsel here admitted that ordinarily the judgment of another state, when used in this state as a basis of an action or as a defense to one, would be open to proof in respect to jurisdiction of the court which rendered it, but he

argued that the judgment of a court of another state under article 4, section 1, of the constitution of the United States, which declares that "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state," and the acts of Congress passed in pursuance thereof, cure the defect in the service of the Virginia process, because the judgment recites that service of the notice was duly made, and because this court had decided to that effect in the case of Hargrove v. Harrison, 120 N. C. 96, 58 Am. St. Rep. 781, and that this court is bound to give the same faith and credit to the Virginia judgment as was given to the judgment in Hargrove v. Harrison, 120 N. C. 96, 58 Am. St. Rep. 781. But the two cases stand on an entirely different footing. One difference, as we have already pointed out, is that the return upon the process served upon Hinton, the defendant in the case in the court of law and chancery in Virginia, shows that it was served personally, in North Carolina, upon Hinton. That attempted service was void upon its face, and the court in Virginia made an error in law in declaring in its judgment that its notice was duly served.

In the next place the defendants in Hargrove v. Harrison, 120 N. C. 96, 58 Am. St. Rep. 781, were residents of North Carolina, and within the jurisdiction of the superior court which rendered the judgment, and the fact that the defendants were subject to the jurisdiction of the court was the foundation of the judgment, no summons appearing in the record. If they had been nonresidents, service by publication not having been made, the lack of jurisdiction could have been shown, by all the authorities. There must be a new trial.

A COURT HAS NO EXTRATERRITORIAL JURISDICTION: De Meli v. De Meli, 120 N. Y. 485, 17 Am. St. Rep. 652. The courts of a state have no jurisdiction over a nonresident who has never submitted himself to their jurisdiction: McCreery v. Davis, 44 S. C. 195, 51 Am. St. Rep. 794. No state can exercise direct authority over persons or property without its territory: Louisville etc. R. R. Co. v. Nash, 118 Ala. 477, 72 Am. St. Rep. 181.

JURISDICTION OVER CITIZENS OF ANOTHER STATE is discussed at length in the monographic notes to Alley v. Caspari, 6 Am. St. Rep. 179-190; De La Montanya v. De La Montanya, 53 Am. St. Rep. 179-191.

PROCESS.-SERVICE OUTSIDE OF THE STATE of notice or process, when not authorized by law, is a nullity. Service beyond the state cannot authorize a personal judgment: Wilson v. St. Louis etc. Ry. Co., 108 Mo. 588, 32 Am. St. Rep. 624. But service on a nonresident temporarily within the state confers jurisdiction: Alley ▼. Caspari, 80 Me. 234, 6 Am. St. Rep. 178.

Am. St. Rep., Vol. LXXVIII-41

OWENS v. WILMINGTON AND WELDON R. R. CO.

[126 North Carolina, 139.]

RAILROADS LIABILITY FOR FALSE ARREST.—A railroad company is not liable for the false arrest of a passenger on one of its trains, where the conductor in charge of the train merely pointed out such passenger to a sheriff who had come to arrest him as a party suspected of a capital offense.

RAILROADS-DUTY TOWARD PASSENGER-PROTECTION FROM ARREST.-A railroad company must protect its passengers from assaults, insults, and ill-treatment of their fellowpassengers, strangers, and its own servants, but it is not required to protect them from arrest by officers of the law.

Civil action for damages for false arrest of the plaintiff while a passenger on the defendant's train.

Winston & Fuller, S. H. MacRae, and Boone, Bryant & Biggs, for the appellant.

George M. Rose and A. W. Graham, for the appellee.

140 FAIRCLOTH, C. J. The plaintiff purchased a ticket in South Carolina over defendant's railroad to Selma, North Carolina, and was seated in defendant's car, and, without fault or blame in his deportment, was arrested on arrival at Fayetteville by the sheriff of Cumberland county and his armed posse, taken off the train and incarcerated for two days, when he was tried for an alleged crime, acquitted and discharged. Before the arrival of the train at Fayetteville, the sheriff was notified by telegram from the sheriff of Kingstree, South Carolina, that the plaintiff and two others were on that train, and that they were suspected of having committed a capital offense in South Carolina. The sheriff was directed in said telegram to "arrest them-conductor will point out." The plaintiff testinied: "The conductor was in the car, sheriff and policemen, seven or eight, came in at each end of the car. Conductor was approached by the sheriff, and the sheriff and he were talking. I heard the conductor say, "There are the men I have reference to.' .... When the sheriff arrested me the conductor was not in the car; after he and the sheriff finished talking the conductor went out on the platform. 141 . . . . The conductor did not tell the sheriff to arrest us." At the close of the plaintiff's evidence the court expressed the opinion that he could not recover, and there was nonsuit and appeal.

The plaintiff's contention is that he was entitled, as a passenger, to protection from arrest by the defendant's employés.