# Shields v. Thomas (59 U.S. 253)

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United States Supreme Court
59 U.S. 253
Shields v. Thomas
THIS was an appeal from the district court of the United States, for the northern District of Iowa.
The case is stated in the opinion of the court.
It was argued by Mr. Gillett, for the appellant, and Mr. Platt Smith, for appellees.
Mr. Gillett made nine points. Those which are touched upon in the opinion of the court were the following:--
2. The bill is multifarious, and therefore bad. 1 Dan. Ch. Pr. 384; Cooper's Eq. Pl. 182; Mitford, 146-7; 8 Peters, 123.
7. A judgment against persons not within the jurisdiction of the court, and who were not served with process, and who did not appear to the action, is null and void.
If a court in one State can render effective judgments against persons in other States, who are neither served with process nor appear to the action, there will be no security for the citizen. The mere shadow of claims might ripen into valid judgments, without the defendant having an opportunity to defend. No authoritative court has ever held such judgments valid. The following cases are conclusive upon this point. Ewer v. Coffin, 1 Cushing, 24; Hickey v. Smith, 1 Eng. 456; 3 id. 318, 324; Woodruff v. Taylor, 20 Vermont, 65; Davis v. Smith, 5 Geo. 274; Dunn v. Hall, 8 Blkf. 32, 335; 11 How. 165; 2 M'Lean, 473; 3 J. J. Marshall, 600; 2 B. Monroe, 453; 3 B. Monroe, 218; 6 J. J. Marshall, 578; 8 B. Monroe, 137.
8. A judgment or decree void as to one or more of the parties is void as to all. 6 Pick. 232; 12 Johns. 434; 11 N. H. 299; 14 Ohio, 413.
Upon the principal points in the case, Mr. Platt Smith said:
We take the ground that the court in Kentucky had jurisdiction of the subject-matter, and of John G. Shields, and that consequently their decree cannot be inquired into, but full faith and credit are to be given to it, as is provided by the constitution and act of congress of the United States. Cons. U.S. art. 4, § 1; act con. 26th May, 1790; 1 U.S. Stat. at L., 122. That as to James Shields and Henry Yater, who were non-residents, and proceeded against as such, the Kentucky decree would not be binding on them except in the State of Kentucky, for the courts of that State did not obtain jurisdiction over their persons. Story's Confl. of Laws, § 569; Williams v. Preston, 3 J. J. Marshall, 600; Cobb v. Haynes, 8 B. Monroe, 139. Still, that could not affect the validity of the decree as to John G. Shields, for the court had jurisdiction of his person and of the subject-matter, namely, the settlement of the estate of John Goldsbury, deceased; consequently, their judgment or decree is not void, no matter whether it was right or wrong to join Henry Yater and James Shields in the rendition of the decree.
The present action is not multifarious. There is no mixture of different claims. Although the decree is virtually several, yet it is in fact only one thing, and grows out of one subject-matter; a trial of the question as to one complainant is a trial as to the whole.
The remedy at law is uncertain and would have caused a multiplicity of suits, for each complainant would, at law, have been obliged to bring a suit against John G. Shields; and to have sued at law would have raised the objection, first, that no action at law could be had on the decree of a court of equity; Hugh v. Higgs and wife, 8 Wheat. R. 697; Carpenter et al. v. Thornton, 3 B. & Al. 52; Elliott v. Ray, 2 Blackf. R. 31; and second, if the whole had been attempted in one suit, that there was no mutuality between the plaintiffs; Gould's Pl. 197; 2 Saund. R. 117, n. 2; and, third, if there had been several suits, then, that several distinct actions could not be brought on one decree.
The uncertainty, then, of an action or actions at law was sufficient ground for giving to a court of equity jurisdiction of the case; Story's Eq. Pl. § 473; and the avoidance of multiplicity of suits was another ground; 1 Story's Eq. Julis. § 64, k., also 67; Jesus College v. Bloom, 3 Atk. 263.
Mr. Justice DANIEL delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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