Jurisdiction Based On Power Of Property

Front 1

Jurisdiction Based on Power Over Property

Back 1

1) Tyler v. Judges of Court of Registration (US 1900)
2) Pennington v. Fourth National Bank (US 1917)
3) Harris v. Balk (US 1905)
4) Shaffer v. Heitner (US 1977)

Front 2

Tyle v. Judges of Registration (US 1900)

Back 2

- unkown claims cannot be dealt with by personal service
- in rem proceedings can be carried to judgment without personal service on those within the state, or notice by naming those outside the state

Front 3

Pennington v. Fourth National Bank (US 1917)

Back 3

Holding
- state jurisdiction over property within its borders applies to tangible and intangible property
Rule
- quasi in rem

Front 4

Quasi in rem

Back 4

1) presence of res within states borders;
2) property seizure at the commencement of proceeding; And
3) opportunity of owner to be heard

Front 5

Harris v. Balk (US 1905)

Back 5

Rule
- quasi in rem
- the obligation of the debtor to pay his debt clings to and accompanies him wherever he goes

Front 6

Shaffer v. Heitner (US 1977)

Back 6

got rid of in rem and in personam
apply Shoe minimum contacts test