Yeazell, p.77-94: The Origins


Steve calls the doctrinal discussion in Pennoyer “splendid”.  I call it WHA???


Once you’ve won a lawsuit, sometimes it’s hard to get the other guy to pay.  If the other guy defaults on the judgment, you can get the court to sign a writ of execution that gives the local sheriff to seize the bastard’s property and sell it, giving the proceeds to you up to the full amount of the monetary judgment.


Steve gives us some important terms:


Constructive – sort of means “imaginary”.  In this particular case, we’re talking about constructive service of process, which means instead of bringing a subpoena or something to a guy’s front door, you publish something in the fine print of some newspaper saying that he better show up in court.  Why would you settle for this?  Mostly, it’s when the other guy lives out of state and out of contact.  (Remember that these were the days before telephones, highways, railroads, needless to say the Internet.)


Attachment – This means seizure of property as approved by a court.


Sheriff’s deed – It’s a piece of paper that says you bought something at the seized property auction type thing.


Case: Pennoyer v. Neff


Note on the Mechanics of Jurisdiction: Challenge and Waiver


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