Civil Procedure 8.29-9.2-05
quasi in rem (kway-sI in rem or kway-zI). [Latin "as if against a thing"] Involving or determining the rights of a person having an interest in property located within the court's jurisdiction. See action quasi in rem under ACTION (4). [Cases: Courts 18. C.J.S. Courts § 53.] personal jurisdiction. A court's power to bring a person into its adjudicative process; jurisdiction over a defendant's personal rights, rather than merely over property interests. -- Also termed in personam jurisdiction; jurisdiction in personam; jurisdiction of the person; jurisdiction over the person. See IN PERSONAM. Cf. in rem jurisdiction Pennoyer v. Neff Mitchell claimed that Neff owed him money for legal services. After Neff had left the state Mitchell filed suite saying that he was owed more money. o Filed suite in Oregon o Secured jurisdiction under section 55 If defendant cannot be found after due diligence, he may be served by publication Mitchell supplied affidavit that said that he could not be found and that he was in CA o Did not attach property Published for 6 weeks in Christian newspaper o Default judgment issued followed with a writ of execution
Judge Deady’s approach He limited his decision to the question of whether there was quasi-in-rem jurisdiction o Based more on Oregon code o 3 objections to be considered order of publication was made without sufficient evidence that Mitchell had cause against Neff affidavit was in adequate affidavit was made by the editor of eth newspaper rather than by the printer o Concluded that Mitchell in his affidavit did not give proper consideration to finding Neff
Judge Field’s Approach Found jurisdiction defect that negated the case o Never quasi-in-rem jurisdiction o Property not attached at the beginning. Personam Jurisdiction was proper only where the defendant was served with process in the state. Introduction of Due Process Clause
English rule says that the looser pays the winners fee of all parties.