Page:Federal Reporter, 1st Series, Volume 6.djvu/828

 816 FEDERAL REPORTER. �now is, a citizen and a resident of said state of New Hamp- shire, Joseph S. Abbot is dead, and there is no distinct allegation of Lis residence anywhere, but he is described or alleged to be a partner of Edward, and if any presumption arises it is that he resided where Edward did, to-wit, at Con- cord. This being so, and there being no allegation of service upon either of the defendants, or of an appearance by either of them, the presumption is that the judgment is a nuUity, because the process of the court oannot run beyond its terri- torial jurisdiction. It is contended that in a court of general jurisdiction, as the court of the Fifth district of the city of New Orleans is alleged to bo, ail things are presumed to be rightfully and legally done, and so if a judgment be rendered against a person it is presumed to be upon a proper notice ; and this is so as to ail persons within the jurisdiction of the court, when the prooeedings are according to the course of the common law. This was expressly decided in Oalpin v. Page, 18 Wall. 351. But the same case holds that this presumption is limited to the jurisdiction over persons residing within their territorial limita, and over proceedings which are in accordance with the course of the common law. The Abbots residing in New Hampshire when the judgment was rendered, no presumption can arise that they were duly served with notice of the suit in which the judgment was rendered, or that they appeared and answered thereto, for the reason that the Fifth district court of the city of New Orleans is a court of general jurisdiction ; nor are the proceedings of said court according to the course of the common law. The only re- maining cause of demurrer must be overruled. If the Fifth district court of the city of New Orleans was a court of gen- erai jurisdiction, it would not be necessary to state the term, nature, or date of the contract, nor where it was entered into, in order to give the court jurisdiction. Being a personal action it would follow the person. ��� �