anks to the adoption of
the Fourteenth Amendment. In divorce cases, however, it still persists
in some measure. (_See_ pp. 662-670.)

In Pennoyer _v._ Neff,[30] decided in 1878, and so under the amendment,
the Court held that a judgment given in a case in which the State court
had endeavored to acquire jurisdiction of a nonresident defendant by an
attachment upon property of his within the State and constructive notice
to him, had not been rendered with jurisdiction and hence could not
afford the basis of an action in the court of another State against such
defendant, although it bound him so far as the property attached was
concerned, on account of the inherent right of a State to assist its own
citizens in obtaining satisfaction of their just claims. Nor would such
a judgment, the Court further indicated, be due process of law to any
greater extent in the State where rendered. In the words of a later
case, "an ordinary personal judgment for money, invalid for want of
service amounting to due process of law, is as ineffective in the State
as outside of it."[31]

THE JURISDICTIONAL QUESTION

In short, when the subject matter of a suit is merely the determination
of the defendant's liability, it is necessary that it should appear from
the record that the defendant had been brought within the jurisdiction
of the court by personal service of process, or his voluntary
appearance, or that he had in some manner authorized the proceeding.[32]
The claim that a judgment was "not responsive to the pleadings" raises
the jurisdictional question;[33] but the fact that a nonresident
defendant was only temporarily in the State when he was served in the
original action does not vitiate the judgment rendered as the basis of
an action in his home State.[34] Also, a judgment rendered in the State
of his domicile against a defendant who, pursuant to the statute thereof
providing for the service of process on absent defendants, was
personally served in another State is entitled to full faith and
credit.[35] Also, when the matter of fact or law on which jurisdiction
depends was not litigated in the original suit, it is a matter to be
adjudicated in the suit founded upon the judgment.[36]

Inasmuch as the principle of _res judicata_ applies only to proceedings
between the same parties and privies, the plea by defendant in an action
based on a judgment that he was no party or privy to the original
action raises the question of jurisdicti