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· 3/13/1900

Overby v. Gordon

Citations

  • 177 U.S. 214
  • 20 S. Ct. 603
  • 44 L. Ed. 741
  • 1900 U.S. LEXIS 1791

Syllabus

<p>The amount of the estate, as a whole, was the matter in dispute below, and it amounted to sufficient to give this court jurisdiction.</p> <p>The sovereignty of the State of Georgia, and the jurisdiction of its courts at the time of the grant of letters of administration on the estate of Haralson did not extend to or embrace the assets of the decedent situated within the territorial jurisdiction of the District of Columbia; and while the De Kalb county court possessed the power to determine the question of the domicil of the decedent for the purpose'of conclusively adjudicating the validity within the State of Georgia of a grant of letters of administration, it did not possess the power to conclusively bind all the world as to the fact of domicil, by a mere finding of such fact in a proceeding in rem.</p> <p>Pending proceedings for the appointment of an administrator in the District of Columbia, the personal assets of the deceased there situated were delivered up to the administrator appointed by the Georgia court. The trial court declined to rule that their delivery operated to protect those who made it as against an administrator appointed within the District. Held that this was a proper ruling.</p> <p>The act of Congress of February 28, 1887, c.'281, has no relation to a case of this kind.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “An action 14 is in rem when it determines interests in specific property as against the whole world.”
  • “An essential characteristic of a proceeding in rem is that there must be a res or subject-matter upon which the court is to exercise its jurisdiction. . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, White

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.