Judgment In Personam

Legal Definition and Related Resources of Judgment In Personam

Meaning of Judgment In Personam

Judgments are generally divided into t.r.e. categories, namely judgments in personam, judgments in rem and judgments in quasi rem. A judgment in personam is one which imposes a personal liability or obligation on one person in favor of another. Hanson v Denckla, 357 U.S. 235, 78 S.Ct. 1228, 2 L.Ed.2d 1283. The basis of such a judgment is some personal obligation on the part of the defendant towards the plaintiff . In order that a court may pass a valid judgment in personam, it is necessary that the defendant must be personally served with a notice of the proceedings in which such judgment is given and such service must be effected within the territorial jurisdiction of the court unless the defendant has agreed in advance to accept or does in fact accept some other form of service as sufficient. See Wilson v Seligman, 144 U.S. 41, 12 S.Ct. 541, 36 L.Ed. 338. A personal judgment against a defendant who does not voluntarily submit to the jurisdiction of the court rendering such judgment, and where the defendant is not a citizen of the state nor served with process within its borders is void. See New York Life Ins. Co. v Dunlevy, 241 U.S. 518, 36 S.Ct. 613, 60 L.Ed. 1140.

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Judgment In Personam in Historical Law

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