Jurisdiction over the Parties or Things – In Rem Jurisdiction and Quasi In Rem Jurisdiction Self-Quiz
While in the
public library, John, domiciled in Virginia, finds a stock certificate
folded in a book that had been donated. The certificate is for 2,000 shares
of ABC Corp. common stock. ABC Corp. was incorporated in Virginia and
had its principal place of business there, but it went out of business
20 years ago. There is no market for the stock and it is essentially worthless.
John initiates an action in the federal district court in Virginia to
determine to whom the certificate belongs. At the time he brings the action,
the certificate is in Virginia, John has relinquished control of the certificate
to the court, and notice has been published in the newspaper. Does the
court have in rem jurisdiction?
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While in the
public library, John, domiciled in Virginia, finds a stock certificate
folded in a book that had been donated. The certificate is for 2,000 shares
of ABC Corp. common stock. ABC Corp. is incorporated in Virginia and has
its principal place of business there. John initiates an action in the
federal district court in Virginia to determine to whom the certificate
belongs. At the time he brings the action, the certificate is worth about
$80,000, the certificate is in Virginia, and John has relinquished control
of the certificate to the court. For the purposes of notifying potential
defendants/claimants, John tacks a letter of notification on a local telephone
pole. Does the court have in rem jurisdiction?
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While in the
public library, John, domiciled in Virginia, finds a stock certificate
folded in a book that had been donated. The certificate is for 2,000 shares
of ABC Corp. common stock. ABC Corp. is incorporated in Virginia and has
its principal place of business there. John initiates an action in the
federal district court in Virginia against Steven, who once owned these
stock certificates, and who is also domiciled in Virginia. At the time
he brings the action, the certificate is worth about $80,000, the certificate
is in Virginia, and John has relinquished control of the certificate to
the court. Steven receives adequate notice of the pending action and an
opportunity to be heard. Steven moves to dismiss the complaint on the
basis that he has no interest in the property. How will the court rule?
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