Page:Federal Reporter, 1st Series, Volume 8.djvu/685

WOOLBI0GE V. m'kENNA, 671 �resort to -substituted J)rocess allowed by the practice in the state court ofequity from which the case coraes. �Let us look at the case as it stood in the state court, and see what were the rights of the plaintiff in this matter of process as against this infant defendant; for it will be seen that the methods of procedure in the two courts as to substituted process are entirely different, particularly as, to infant defendants. G«nerally, in the state equity courts, any non-resident defendant can be brought inlo court by simple publication in a newspaper, according to the terms of the statute. T. & S. Code, (Tenu.) §§ 4352-4359; 1 Meigs' Dig. (2d Ed.) § 605, p. 759, and cases oited. In attachment cases the ■writ must be issued and levied, and also notice given by publication. T. & S. Code,,§§ 3518-3526; 1 Meigs' Dig, § 275, p. 272; Id. § 606, pp. 761, 762. In suits for the administration of estates, solvent and insolvent ; in those for the sale or partition of lands of persons un,der disability; in actions of ejectment, or other proceedings affecting their estates, — there are special regulations in regard to infant de- fendants -whose lands are to be sold for the anoestor's debts, or ■whose estates are to be divided or converted into money for their own beneflt or othervfise affected by the litigation. But it -will be found that there is no , uniformity whatever observed in these reg- tilations, and it depends upon the oharacter of the proceeding in eaoh case, and often on the particular court in which it is pending. Bometimes, and perhaps generally, service qf process upon the regular guardian alone, -whether the infant be resident or non- resident, whether the guardian be named as a party to the bill or not, and whether it be a personal action or one solely in relation to the property of the infaut, will suffice to bind the infant and his property. But this is not always so, and sometimes both must be served; and when specially required, as it often is, the infant must be served personally, whether he has a guardian or not. Where there is no regular guardian, service direetly upon the infant must be had and a guardian ad litem appointed; but in nearly all cases, I believe, provision is made for substituted process by publication where the infant is non-resident and has no regular guardian within the state; but in one instance, at least, provision is made for a sale of his land where he is non-resident, without any substituted process or appearance for him whatever, upon a return of two nihils. T. & S. Code, (Tenu.) §§ 2257, 2260, 2261, 2338, 2380., 2516, 2517, 2829, 3257,3264, 3325, 3652, 4099, subsec. 7, § 4420, subsee. 4; 1 Meigs' Dig. § 512, p. 512; Id. § 604, p. 759; 2 King's Dig. (2d Ed.) §§ ��� �