15 The essential fact on which the publication is made to depend is property of

15 the essential fact on which the publication is

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15. "The essential fact on which the publication is made to depend is property of the defendant in the State, and not whether it has been attached . . . . There is no magic about the writ [of attachment] which should make it the exclusive remedy. The same legislative power which devised it can devise some other, and declare that it shall have the same force and effect. The particular means to be used are always within the control of the legislature, so that the end be not beyond the scope of legislative power." 16. If the legislature shall think that publication and deposit in the post office are likely to give the notice, there seems to be nothing in the nature of things to prevent their adoption in lieu of the attachment. The point of power cannot be thus controlled. 17. That a State can subject land within its limits belonging to nonresident owners to debts due to its own citizens as it can legislate upon all other local matters -- that it can prescribe the mode and process by which it is to be reached -- seems to me very plain. 18. I am not willing to declare that a sovereign State cannot subject the land within its limits to the payment of debts due to its citizens, or that the power to do so depends upon the fact whether its statute shall authorize the property to be levied upon at the commencement of the suit or at its termination. This is a matter of detail, and I am of opinion that, if reasonable notice be given, with an opportunity to defend when appearance is made, the question of power will be fully satisfied. 7
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CONFLICT OF LAWS | ATTY. LOUIE OGSIMER 2. International Shoe v. State of Washington (Sylina) Dec. 3, 1945 | Stone | Jurisdiction over the Thing PETITIONER : International Shoe RESPONDENTS : State of Washington SUMMARY : International Shoe was incorporated in Delaware that employed salesmen within the state of Washington. Washington sued Defendant to recover unpaid unemployment taxes and served Defendant in two ways: (1) by mail and (2) by serving one of its salesmen within the state. International Shoe appealed from a verdict for Washington, claiming that Washington had no personal jurisdiction over Defendant. The main issue is WON Washington can impose jurisdiction over International Shoe which is non-resident corporation to which the Court held in the positive. In order to have jurisdiction with someone outside the state, the person must have certain minimum contacts with it such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice. For a corporation, the “minimum contacts” required are not just continuous and systematic activities but also those that give rise to the liabilities sued on. International Shoe could have sued someone in Washington. It was afforded the protection of the laws of that state, and therefore it should be subject to suit.
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  • Spring '18
  • Karaos
  • LOUIE OGSIMER

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