Milliken v. Meyer
311 U.S. 457 · Supreme Court of the United States · 1941
Facts
Milliken claimed a 2/64ths interest in profits from Colorado oil properties, which Transcontinental Oil Co. was contracted to pay Meyer. A settlement involved Transcontinental paying Milliken 2/64ths, and Milliken assigning his claims against Meyer to Transcontinental. Later, Milliken sued Transcontinental and Meyer in Wyoming, alleging a joint adventure and fraud, seeking an accounting. Meyer, asserted to be a Wyoming resident, was personally served in Colorado under Wyoming statutes but did not appear. The Wyoming court found a joint venture between Milliken and Meyer and entered an in personam judgment against Meyer for 1/64th of profits withheld from Milliken, enjoining Transcontinental from paying Meyer more than 3/64ths. Meyer subsequently initiated a suit in Colorado to declare the Wyoming judgment null, claiming he was a Colorado resident and the Wyoming court lacked personal jurisdiction.
Procedural history
The Wyoming court entered an in personam judgment against Meyer. Meyer then sued Milliken in Colorado, seeking to nullify the Wyoming judgment. The Colorado trial court found the Wyoming judgment valid and dismissed Meyer's suit. The Colorado Supreme Court reversed, holding the Wyoming judgment void on its face due to an irreconcilable contradiction. The case came before the U.S. Supreme Court on a petition for certiorari.
Issue
Can a state court obtain personal jurisdiction over an absent domiciliary through substituted service outside the state, and if so, must other states give full faith and credit to such a judgment?
Holding
Yes, a state court can obtain personal jurisdiction over an absent domiciliary through appropriate substituted service outside the state. The Wyoming judgment was valid and entitled to full faith and credit, and the Colorado Supreme Court erred in holding it void.
Rule
Domicile in a state is sufficient to bring an absent defendant within the reach of that state's jurisdiction for purposes of a personal judgment, provided appropriate substituted service is used. Such substituted service, including personal service outside the state, is adequate for due process if it is reasonably calculated to give actual notice and an opportunity to be heard. A state's authority over its citizens, including the ability to exact reciprocal duties, is not terminated by mere absence from the state. Therefore, a judgment rendered under these conditions is entitled to full faith and credit in other states, precluding inquiry into the merits or consistency of the decision.
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