Lovejoy v. Albee
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Shepley, C. J. Trustee process. The question was, as to the liability of the trustees. It appeared from the writ, disclosure and the testimony, that the defendants and the persons summoned as trustees all resided in the Province of New Brunswick, and that no attachment of any tangible property of the defendants had been made, and that neither of their bodies had been arrested.
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On Exceptions from Nisi Prius, Shepley, C. J. Trustee process. The question was, as to the liability of the trustees. It appeared from the writ, disclosure and the testimony, that the defendants and the persons summoned as trustees all resided in the Province of New Brunswick, and that no attachment of any tangible property of the defendants had been made, and that neither of their bodies had been arrested. For that reason the Judge ordered that the trustees be discharged, and to that order the plaintiff excepted. The Rev. Stat. chap. 119, sect. 12, provides, “that any ■person on whom a…
1Opinion of the CourtShepley, C. J.
• — No country can by its laws act directly upon persons not resident or found therein, or upon their property not found therein. The courts of a State or country can have no jurisdiction beyond its sovereignty. No court in this State can rightfully have jurisdiction to render judgment against a foreigner, when he h.as not been found within the State, and when no property owned by him has been found within it.
When the person is not within the jurisdiction of a court and his property is within its jurisdiction, a judgment against him will be effectual only as a judgment in rem acting upon that…
2Cases cited3 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
3Cited by17 opinions
- Pennsylvania R. R. v. RogersWest Virginia Supreme Court · 1903
- Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
- Renier v. HurlbutWisconsin Supreme Court · 1891
- Fielder v. JessupMissouri Court of Appeals · 1887
- Weller v. Western State Bank of WaukomisSupreme Court of Oklahoma · 1907
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