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