Campbell v. Murdock
United States District Court for the Northern District of Ohio
90 F. Supp. 297 (N.D. Ohio 1950)
Campbell (plaintiff) improved Murdock's (defendant) land under a contract requiring payment for the work, and when Murdock failed to pay, Campbell brought an in rem foreclosure action under 28 U.S.C. § 1655 to enforce a lien on the land, also seeking a personal judgment against Murdock for the debt. Murdock made a special appearance to challenge the court's jurisdiction to enter a personal judgment, but also appeared to defend her interest in the property, including moving for a more definite statement of the complaint.
Whether a personal judgment may be entered against a nonresident defendant in an in rem proceeding when that defendant appears to defend the action on the merits, rather than solely to contest jurisdiction.