Legal Opinion

Baker v. Jewell

Supreme Court of Louisiana

Decided January 16, 1905No. 15,337Published

Action, by Desiree Baker against Walter H. Jewell. Judgment for plaintiff was reversed by the Court of Appeal, and plaintiff brings certiorari or writ of review.

1Opinion

On Rehearing.

LAND, J.

In our former opinion we held that the judgment for alimony was valid as an incident to the proceedings for a separation from bed and board and for a divorce. Further reflection has convinced us that we erred in so holding. The demand for alimony and judgment rendered thereon were purely in personam, unaccompanied by seizure of or proceedings against property within the state.

Conceding that the proceedings for divorce were quasi in rem, it does not follow that the court had incidentally jurisdiction to render a personal judgment against the nonresident defendant, who was…

2Cases cited15 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Freeman v. AldersonSupreme Court of the United States · 1886
  3. De la Montanya v. De la MontanyaCalifornia Supreme Court · 1896
  4. Rigney v. . RigneyNew York Court of Appeals · 1891
  5. Sprague v. SpragueSupreme Court of Minnesota · 1898

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