and, on that account, that the court failed to obtain jurisdiction to render the judgment in such action, hence no jurisdiction to render the judgment appealed from. By the Court. The judgment of the circuit court is reversed, and the cause remanded for further proceedings according to law. OF.-Judgments JUDGMENTS - JURISDICTION-NECESSITY reciting service of process, but not stating the mode of service, when there is a return upon such process, must be considered as referring to such return, and if the service there shown is insufficient, the judgment is void: Hobby v. Bunch, 83 Ga. 1; 20 Am. St. Rep. 301, and note. Judgments rendered without jurisdiction are void: Note to Great West Min. Co. v. Mining Co., 13 Am. St. Rep. 220. See note to Falls v. Wright, 29 Am. St. Rep. 78; and extended note to Choate v. Spencer, 40 Am. St. Rep. 430-434. ATTACHMENT BASED UPON VOID JUDGMENT.-All proceedings based upon void judgments are absolute nullities, irrespective of notice or bona fides: Note to Two Rivers Mfg. Co. v. Beyer, 17 Am. St. Rep. 143. The garnishee may not set up mere irregularities in the main proceedings to resist the judgment against himself, unless the principal judgment is void, in which case he should resist payment to the garnisher: Extended note to Sessions v. Stevens, 46 Am. Dec. 344. Absence of legal service or authorized appearance is Jurisdictional, and without jurisdiction no judgment can be entered under which any rights can be lost or acquired: Great West Min. Co. v. Mining Co., 12 Colo. 46; 13 Am. St. Rep. 205. SEAL-OFFICIAL-OMISSION OF.-A writ Issued from a court having a seal is void, unless attested thereby: Choate v. Spencer, 13 Mont. 127; 40 Am. St. Rep. 425. In that case, it was held that a judgment based upon a summons not attested by the seal of the court is void, and a deed pursuant to a sale under execution, issued upon such judgment, will be canceled in equity as a cloud upon complainant's title: See the extended note thereto in which the scattered authorities upon the question are collected and criticised. A writ of summons being unsealed is a mere nullity, and as such imposes no legal obligation upon the defendant to appear and defend against the action; in such a case, a judgment entered against the defendant by default is erroneous: Stayton v. Newcomer, 1 Eng. 451; 44 Am. Dec. 451; Frosch v. Schlumpf, 2 Tex. 422; 47 Am. Dec. 655; Garland v. Britton. 12 Ill. 232; 52 Am. Dec. 487, and note. This rule has not been adhered to always, however: Jump v. Batton, 35 Mo. 193; 86 Am. Dec. 146, where it is held that the omission of the seal of a court from a writ issued therefrom makes it irregular, but not void, and it may be amended by affixing the seal pending a motion to quash: See, also, Cartwright v. Chabert, 3 Tex. 261; 40 Am. Dec. 742. SEAL-WHAT IS SUFFICIENT.-A printed impression of a seal is not a seal, and a contract of insurance having thereon such impression is not, therefore, a sealed instrument: Mitchell v. Union Life Ins. Co., 45 Me. 104; 71 Am. Dec. 104. Wax, wafers, or something capable of receiving an impression is, by the law of New Jersey, necessary to constitute a seal, except in instruments for the payment of money, on which a scroll, ink, or other device, affixed by way of seal, is made by the statute to have the same effect as if sealed by wax: Perrine v. Cheeseman, 11 N. J. L. 174; 19 Am. Dec. 388. See, also, the note to Davis v. Burton, 36 Am. Dec. 514. INDEX TO THE NOTES. ADVERSE POSSESSION, by grantor after making a grant is not ARBITRATION, stipulations for, when revocable, 319, 606. when a condition precedent to a recovery for Insurance, 828. probable cause for, when a question or law and when a question without warrant, when authorized, 614. ASSAULT, what is not, 946. ASSIGNMENT FOR THE BENEFIT OF CREDITORS, corporations ATTACHMENT, partner's interest in firm, how levied upon, 439. disbarment proceedings against, 583. examination of title, previous knowledge of attorney employed to information acquired by attorney in other transactions, whether knowledge acquired by attorney prior to his employment, cases notice acquired by attorney in other transactions, when charge- notice of facts which it was not an attorney's duty to communi- notice of fraud participated in by an attorney in another trans- notice to an attorney, when imputed to his client, 914. notice to client will not be presumed of facts which the attorney notice to either member of a firm of attorneys is notice to their presumption that attorney communicated facts to client, when ratification of unauthorized act of attorney is presumed to be skill exacted of attorneys, in the performance of their duties, 668 AUCTION SALES, owner's right to bid at, how may be exercised, puffers and by-bidders, employment of renders voidable, 658. BAILMENT, loss of thing bailed, liability of bailee for, 38. BICYCLES, riders upon are subject to the same duties as persons CONFLICT OF LAWS, obligation made in one state to be performed CONSTITUTIONAL LAW, construction of provision that each stat- CONTEMPTS OF COURT, as grounds for disbarment, 583, 584. criminal defined, 584. CONTRACTS, to procure legislation, validity of, 935. where deemed to have been executed, 118, 125. CONVEYANCE, unrecorded, notice of implied from possession of the CORPORATIONS, alienation of shares, agreements between stock- alienation of shares, agreements in restraint of, when vold, 382. alienation of shares, both officers and stockholders have the right alienation of shares, payment of debts due the corporation may alienation of shares, prohibitions to holder indebted to corpora- alienation of shares, regulations concerning which the corpora- alienation of shares, restricting until fully paid for, 382. alienation of shares, restrictions upon, how may be imposed, 380. alienation of shares, whether approval of directors may be re- assessment, agreement not to levy for unpaid subscriptions is assignments by for the benefit of creditors, 76. by-laws cannot abridge the substantial right of stockholders, 384. by-laws prohibiting transfers of stock, 385. by-laws, regulating transfers of stock, 384. by-laws, transfers of stock, power to prohibit or regulate, when conditional subscription to stock of, 237. consent of stockholder may preclude him from maintaining an creditors cannot be prejudiced by an increase or decrease of the CORPORATIONS, creditors, right of to pursue unpaid subscriptions to capital stock, 66, 67. creditors, transfers which are deemed in fraud of, 80. debtor stockholders, whether can be prohibited from transferring directors of, act in a fiduciary capacity, 74. directors of, acts of done in good faith create no liability against, directors of, allowances made to themselves, 74. directors of, cannot barter assets of for their personal gain, 64. directors of, cannot require persons wishing to sell their stock to directors of courts, when will not interfere with control of, 64, 65. directors of, unauthorized withdrawal of assets of the corpora- directors of, withdrawal of assets of, instances of unlawful, 74. dissolution of entitles creditors and stockholders to have all assets distribution of assets of among stockholders and officers to the distribution of assets of before dissolution is not permissible, 70, diversion of property of, remedies to prevent, 72. fraud in destroying or diminishing assets of, 70. fraud, taking property in payment of stock subscriptions may fraudulent transfers of assets to a new corporation, 82. Indebtedness on account of which transfers of stock of may be injunction against misappropriation of funds of, 64. innocent purchasers of stock, when protected from secret liens, insolvent, preferences by, 76, 77. insolvency of, transfers made in contemplation of, 80. insolvency of, what is, 76. Judgment creditors are not bound by by-laws prohibiting trans- fers of stock, 386. llen of on stock, by-laws creating, whether valid, 394. llen of on stock, for stockholder's indebtedness, 386. CORPORATIONS, llen on stock, national banks may not impose, 895. national banks have no lien on certificates of their stock, 395, 896. pursuing assets of, which have been unlawfully withdrawn, 81. sale of property of for purpose of distributing it among stock- shares of stock of, agreement to sell to the corporation is valid, shares of stock of, allenation of, right of is an incident of prop- shares of stock of are personal property, 879. shares of stock of, laws restricting transfer of stock, construction shares of stock of, right to purchase, whether may be reserved to shares of stock of, transfers prohibited by charter are void, 384. stock of, constitutes part of their assets, 66. stock of, corporation cannot purchase to the prejudice of its cred- stock of, equitable title passes by transfer even though it is not stock of, failure to enter transfer on the books of the corporation, stock of, liability of subscriber cannot be avoided by transfer, 70. stock of, llen of creditors upon, 66. stock of, notice of transfer given to creditor before execution sale, stock of, paying out for property, 68. stock of, prohibitions upon transfer of cannot be imposed by arti- stock of, prohibitions upon transfer of for a limited time, 882. stock of, purchasers of are charged with notice of conditions stock of, rescinding subscriptions for is not permitted to the prej |