Steel v. Smith
Supreme Court of Pennsylvania
THIS was a case stated in an action of debt brought in the District Court of Allegheny county, on a judgment in foreign attachment recovered in the Commercial Court of New Orleans.
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THIS was a case stated in an action of debt brought in the District Court of Allegheny county, on a judgment in foreign attachment recovered in the Commercial Court of New Orleans. The proceedings were according to the course of the civil law; and it appeared on the record that "the plaintiffs were merchants in partnership at Louisville, Kentucky, and that the defendants, residing in Pittsburgh, were joint owners of the steamer Norfolk, which was attached by the plaintiffs for the price of supplies advanced to the credit of the boat. They set forth in their petition, filed according to the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Simply as a foreign judgment, this ex parte proceeding would not be even prima facie evidence of personal liability. Jurisdiction of the person or property of an alien is founded on its presence or situs within the territory. Without this presence or situs, an exercise of jurisdiction is an act of usurpation. *449An owner of property who sends it abroad subjects it to the regulations in force at the place, as he would subject his person by going there. The jurisdiction of either springs from the voluntary performance of an act, of whose…
2Cases cited4 opinions
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
- M'Elroy v. ManciusNew York Supreme Court · 1816
- Benton v. BurgotSupreme Court of Pennsylvania · 1823
3Cited by30 opinions
- Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
- Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Atlantic Seaboard Natural Gas Co. v. WhittenSupreme Court of Pennsylvania · 1934
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