Page:Borden v. State ex rel. Robinson.pdf/50

568 down by Chief Justice in the case of The Mary, none of the judges would have referred to and have overruled it or reconciled such conflict of opinion? I think not. And this late decision most clearly marks the true distinction to be observed in all these cases and the point upon which each is made to turn: thus, that "jurisdiction is acquired in one of two modes; first, against the person of the defendant by service of process; or secondly, by a procedure against the property of the defendant within the jurisdiction of the court." In this latter case the judgment is never binding on the defendant beyond the property that is brought before the court: it is a proceeding in rem, and in this case where the proceeding was against lot No. 9, and the decree was against the defendants for a sum of money found due in relation to improvements on lot 9, with a decreed lien on the real estate within the county, under which decree lot 7 was sold, although there was notice by publication, the court held the decree void and the sale under it void because it required jurisdiction over the subject matter and over the thing also in order to confer power upon the court to render judgment; and if it required that the thing should be brought before the court in proceedings in rem in order to confer jurisdiction and power in the court to bind the thing and make a valid decree in regard to it, does it not follow also, as a fair and necessary deduction that in proceedings against the person it requires jurisdiction of the person and also of the subject matter before the court can render a valid judgment, and if void in one instance, for like reason it is void in the other.

"A court acquires jurisdiction by its own process. If the process be executed on the person or the thing concerning which the court are to pronounce judgment, jurisdiction is acquired. The writ draws the person or thing Within the powers of the court. To give jurisdiction is the object of process." (15 Ohio Rep. 444.) "Where the proceedings are against the person, notice is served personally, or by publication; where they are in rem notice is served upon the thing itself." Chief Justice 's opinion in the case of The Mary. "Where