·0ITIZENS’ mm: v. nnooxs. 21
It is too plain for any argument that a tax title, acquired by a sale
m pursuance of this act of 1873, cannot be supported as a sale held
in conformity to the provisions of the previously existing tax laws
found in the Code, (T.& S. Ed.) §§ 612 ct seq. The act of 1873 was
intended to be a radical change of the mode of selling lands for taxes,
and it is vain to seek to support the defendants’ title by the former
acts, which were in no sense complied with, nor intended to be, in
making the sale.
It is not necessary to decide any other question argued. The tax
deed of the defendants cannot stand if the act under which the pro-
ceeding took place is void. The case having been submitted without
a jury, there must be a judgment for the plaintiffs. So ordered.
CITIZENS, BANK v. Baooxs. ` y
(Otrcuit Court, 1). Vermont. October Term, 1884.)
1; ACTION ON JUDGMENT OBTAINED IN Auornnn S'1‘ATE——AUTHORI'1‘Y or Aaron-
Nnr ro Amman ron DEFENDANT.
In an action in a circuit court on a judgment obtained in another state, the
record of the appearance of attorneys of the court for the defendant is not con-
clnisiyfe upon him, and he may show that they had no authority to act in his
be a .
2. SAh£El—RENDITION or PERSONAL JUDG)IENT—KNOWLEDGE or ])EFENDANT-—-·
TAKING DEPOSITION—yPAYING CoUNsE1..
Taking the deposition of a defendant, who is a citizen of another state, by
the plaintiff, in an action under the Kansas statute to enforce the liability ot
st00kholders,wilI not render the judgment obtained personally binding on such
defendant, although he contributed to the common defense afterwards by fur-
V nishing funds to pay counsel.
3c` PRACTICE—RENDITION or JoncMENr—DnArH or DEFENDANT.
When the whole case is in the hands of the court, and before its decision is
rendered the defendant dies, a judgment may be entered as of the day in the
1 term when the last of the evidence was submitted.
· At Law.
Martin eé Eddy, for plaintiff.
Hawkins dé Stoddard, for defendant.
Wnnnnan, J. ·This is an action of debt on a judgment recovered
in the circuit court of tl1e United States for the district of Kansas for
$9,337.16 damages, and $108.30 costs. The defendant has pleaded
five pleas, in the last of which he alleges that he was not a citizen of
, Kansas, nor in Kansas, at the time of the commencement of that
action, nor at any time afterwards; that no process in it was ever
served upon him; that he never authorized or employed any attorney
orotherperson to appear for him and in his behalf, nor authorized
or empowered any person to employ or procure an attorney or other
person to appear for him and in his behalf, and that no attorney or