The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In rare cases, jurisdiction over the subject-matter may be
regarded as giving jurisdiction over the person, so far as may be
necessary to uphold a judgment settling the possession or title
to property. Such a proceeding is, either in form or substance,
one not _in personam_ but _in rem_. The commonest
instance is a suit in admiralty to enforce a maritime lien, such
as that given by the universal law of the sea for seamen's wages.
Wherever the vessel is found, this lien is recognized and will be
enforced by seizing and selling her, but only after some kind of
public notice has been given to all who have any pecuniary
interest in her to appear and be heard. In such a suit, personal
notice to her owners, served within the jurisdiction of the
government to the courts of which the seamen may resort, is not
indispensable. The presence of the ship within the power of the
court is enough.
While State courts have no admiralty jurisdiction, they can
adjudicate upon a claim of title or right of possession to fixed
property within the territorial limits of their State, although
the parties adversely interested are not and have not been
personally served with process there or anywhere. Here again
their power over the property necessarily implies such power of
control over those who might lay claim to it as will suffice to
settle any dispute over its ownership or possession. But in all
ordinary cases they are not only powerless to subject any one to
obedience to their judgments who is not personally within the
State in which they exist, but powerless so to subject one who is
personally within it, but who did not belong there and was not
there served with process in the original proceeding leading up
to the judgment, unless he voluntarily took part in the
proceeding.
Public-domain text, read in full here on John Shaqi.
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