In indiana under which the company was obligated to

Info icon This preview shows pages 181–183. Sign up to view the full content.

in Indiana, under which the company was obligated to defend de- fendant in litigation and indemnify him to the extent of the policy limits. The Court refused to permit jurisdiction to be grounded on the contract; the contacts justifying jurisdiction must be those of the defendant engaging in purposeful activity related to the fo- 982 Compare New York Life Ins. Co. v. Dunlevy, 241 U.S. 518 (1916) (action pur- portedly against property within state, proceeds of an insurance policy, was really an in personam action against claimant and, claimant not having been served, the judgment is void). But see Western Union Tel. Co. v. Pennsylvania, 368 U.S. 71 (1961). 983 433 U.S. 186 (1977). 984 433 U.S. at 207 (internal quotation from R ESTATEMENT (S ECOND ) OF C ONFLICT OF L AWS 56, Introductory Note (1971)). 985 433 U.S. at 207. The characterization of actions in rem as being not actions against a res but against persons with interests merely reflects Justice Holmes’ in- sight in Tyler v. Judges of the Court of Registration, 175 Mass. 71, 76–77, 55 N.E., 812, 814, appeal dismissed , 179 U.S. 405 (1900). 986 444 U.S. 320 (1980). 2013 AMENDMENT 14—RIGHTS GUARANTEED
Image of page 181

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

rum. 987 Rush thus resulted in the demise of the controversial Seider v. Roth doctrine, which lower courts had struggled to save after Shaf- fer v. Heitner . 988 Actions in Rem: Estates, Trusts, Corporations. —Generally, probate will occur where the decedent was domiciled, and, as a pro- bate judgment is considered in rem , a determination as to assets in that state will be determinative as to all interested persons. 989 In- sofar as the probate affects real or personal property beyond the state’s boundaries, however, the judgment is in personam and can bind only parties thereto or their privies. 990 Thus, the Full Faith and Credit Clause would not prevent an out-of-state court in the state where the property is located from reconsidering the first court’s finding of domicile, which could affect the ultimate disposition of the property. 991 The difficulty of characterizing the existence of the res in a par- ticular jurisdiction is illustrated by the in rem aspects of Hanson v. Denckla . 992 As discussed earlier, 993 the decedent created a trust with a Delaware corporation as trustee, 994 and the Florida courts had attempted to assert both in personam and in rem jurisdiction over the Delaware corporation. Asserting the old theory that a court’s in rem jurisdiction “is limited by the extent of its power and by the coordinate authority of sister States,” 995 i.e., whether the court has jurisdiction over the thing, the Court thought it clear that the trust 987 444 U.S. at 328–30. In dissent, Justices Brennan and Stevens argued that what the state courts had done was the functional equivalent of direct-action stat- utes. Id. at 333 (Justice Stevens); World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 299 (1980) (Justice Brennan). The Court, however, refused so to view the Minnesota garnishment action, saying that “[t]he State’s ability to exert its power over the ‘nominal defendant’ is analytically prerequisite to the insurer’s entry into the case as a garnishee.” Id. at 330–31. Presumably, the comment is not meant to
Image of page 182
Image of page 183
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern