Overby v. Overby

How later courts described this case

• finding only the child support judgment within the divorce decree void for lack of personal jurisdiction over the father
• “That a judgment [i]n personam against a defendant who is not before the court either by service of process or by entry of appearance is void there can be no question. It is well settled that a judgment rendered against a defendant in any kind of a case, when process has never been served on him . . . in the way provided by law . . . and where there has been no voluntary appearance of the defendant, is clearly void.”
• “The action of the Circuit Court in entering its judgment against [the father] for $150.00 for the support of the child of the parties was void because he was not before the court by service of process or by a general appearance.”
• “That a judgment in personam against a defendant who is not before the court either by service of process or by the entry of appearance is void there can be no question.”

Written by the judges who cited it.