The statute of Missouri under which these proceedings were had authorizes execution upon a judgment against a corporation to be ordered against any of its stockholders only to the extent of the unpaid balance of their stock, and 'upon motion in open court, after sufficient notice in writing to the person sought to be charged.' Gen. St. Mo. 1865, c. 62, § 11; Rev. St. 1879, § 736; Rev. St. 1889, § 2517. Each person sought to be charged as a stockholder is thus given the right, before execution can be awarded against him on a judgment against the corporation, to written notice and judicial investigation of the questions whether he is a stockholder, and, if he is, how much remains unpaid on his stock. Although the statute does not define the course of proceeding or the kind of notice otherwise than by directing that the proceeding shall be summary, upon motion and 'after sufficient notice in writing to the persons sought to be charged,' there can be no doubt that in this, as in all other cases, in which a personal liability is sought to be enforced by judicial proceedings and after written notice, the notice must be personally served upon the defendant within the territorial jurisdiction of the court by whose order or judgment his personal liability is to be ascertained and fixed, unless he has agreed in advance to accept, or does in fact accept, some other form of service as sufficient.
The general principles applicable to this subject were clearly and exhaustively discussed by this court, speaking by Mr. Justice FIELD, in Pennoyer v. Neff, 95 U.S. 714, from which it will be sufficient to quote a few sentences: 'Every state possesses exclusive jurisdiction and sovereignty over persons and property within its territory,' and 'no state can exercise direct jurisdiction and authority over persons or property without its territory.' Page 722. 'It is in virtue of the state's jurisdiction over the property of the nonresident situated within its limits that its tribunals can inquire into that non-resident's obligations to its own citizens, and the inquiry can then be carried only to the extent necessary to control the disposition of the property.' Page 723. 'Where the entire object of the action is to determine the personal rights and obligations of the defendants,-that is, where the suit is merely in personam, constructive service in this form upon a non-resident is ineffectual for any purpose. Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.' Page 727. 'A judgment which can be treated in any state of this Union as contrary to the first principles of justice, and as an absolute nullity, because rendered without any jurisdiction of the tribunal over the party, is not entitled to any respect in the state where rendered.' Page 732. 'To give such proceedings any validity, there must be a tribunal competent by its constitution-that is, by the law of its creation-to pass upon the subject-matter of the suit; and, if that involves merely a determination of the personal liability of the defendant, he must be brought within its jurisdiction by service of process within the state, or his voluntary appearance.' Page 733. See, also, D'Arcy v. Ketchum, 11 How. 165; St. Clair v. Cox, 106 U.S. 350, 1 Sup. Ct. Rep. 354; Latimer v. Railway Co., 43 Mo. 105.