party
voluntarily appears in a cause and actively conducts his defense, he
cannot thereafter claim that he was denied due process merely because he
was not served with process when the original action was commenced.[694]
Service of Process in Actions in Personam: Individuals, Resident and
Nonresident.--The proposition being well established that no person
can be deprived of property rights by a decree in a case in which he
neither appeared, nor was served or effectively made a party, it
follows, by way of illustration that to subject property of individual
citizens of a municipality, by a summary proceeding in equity, to the
payment of an unsatisfied judgment against the municipality would be a
denial of due process of law.[695] Similarly, in a suit against a local
partnership, in which the resident partner was duly served with process
and the nonresident partner was served only with notice, a judgment thus
obtained is binding upon the firm and the resident partner, but is not a
personal judgment against the nonresident and cannot be enforced by
execution against his individual property.[696] That the nonresident
partner should have been so protected is attributable to the fact the
process of a court of one State cannot run into another and summon a
party there domiciled to respond to proceedings against him, when
neither his person nor his property is within the jurisdiction of the
Court rendering the judgment.[697] In the case of a resident, however,
absence alone will not defeat the processes of courts in the State of
his domicile; for domicile is deemed to be sufficient to keep him within
reach of the State courts for purposes of a personal judgment, whether
obtained by means of appropriate, substituted service, or by actual
personal service on the resident at a point outside the State.
Amenability to such suit even during sojourns outside is viewed as an
"incident of domicile."[698] However, if the defendant, although
technically domiciled therein, has left the State with no intention to
return, service by publication; that is, by advertisement in a local
newspaper, as compared to a summons left at his last and usual place of
abode where his family continued to reside, is inadequate inasmuch as it
is not reasonably calculated to give him actual notice of the
proceedings and opportunity to be heard.[699]
In the case of nonresident individuals who are domiciled elsewhere,
jurisdiction in certain instances may be p
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