McNaughton v. Broach
Sixteen members of Local Union No. 3, International Brotherhood of Electrical Workers, initiated a lawsuit against defendant Broach and 34 other officers, alleging a conspiracy to arbitrarily control the union, deprive members of autonomy, and manage affairs for personal gain. The plaintiffs sought various injunctive reliefs, including restoring member rights and directing an accounting of funds. The primary issue on appeal concerned the validity of service by publication on defendant Broach, a non-resident, who moved to vacate the service, arguing its impropriety due to his non-residency and lack of property within New York State, a prerequisite for such service without personal jurisdiction. The Special Term initially denied Broach's motion, reasoning that the cause of action arose in New York, related to local property rights, and the sought relief could be enforced locally. However, the appellate court reversed this decision, ruling that while the cause of action might have originated in New York, substituted service on a non-resident defendant requires proof of property within the state over which the court can assume in rem jurisdiction, as personal jurisdiction (in personam) was absent. The court emphasized that without such property or in personam jurisdiction, any judgment directing specific actions or an accounting against the non-resident Broach would be unenforceable, therefore rendering the order for service by publication void.