Charles Pennington v. Fourth National Bank of Cincinnati, Ohio, No. 147
| Court | United States Supreme Court |
| Writing for the Court | Brandeis |
| Citation | 243 U.S. 269,61 L.Ed. 713,37 S.Ct. 282 |
| Docket Number | No. 147 |
| Decision Date | 06 March 1917 |
| Parties | CHARLES C. PENNINGTON, Plff. in Err., v. FOURTH NATIONAL BANK OF CINCINNATI, OHIO |
v.
FOURTH NATIONAL BANK OF CINCINNATI, OHIO
Page 270
Mr. Guy W. Mallon for plaintiff in error.
Messrs. W. S. Little and C. B. Wilby for defendant in error.
Mr. Justice Brandeis delivered the opinion of the court:
Mrs. Pennington obtained in a state court of Ohio a decree of divorce which is admitted to be valid. In the same proceeding she sought alimony; and in order to insure its payment joined as a defendant the Fourth National Bank of Cincinnati, in which her husband had a deposit account. When the suit was filed the court entered a preliminary order enjoining the bank from paying out any part of the deposit. Under later orders of the court the bank made payments from it to the wife. Finally it was perpetually enjoined from making any payment to the husband, and ordered to pay the balance to the wife, which it did. The husband then presented to the bank a check for the full amount of the deposit, asserting that the court's orders deprived him of his property without due process of law, in violation of the 14th Amendment, and were void; since he was a nonresident of Ohio, had not been personally served with process within the state, had not voluntarily appeared in the suit, and had been served by publication only, all of which the bank knew. Payment of the check was refused. Thereupon Pennington brought, in another state court of Ohio, an independent action against the bank for the amount. Judgment being rendered for the bank, he took the case by writ of error to the court of appeals for Hamilton county, and from there to the supreme court of Ohio. Both these courts affirmed the judgment below. Then the case was
Page 271
brought to this court for review, Pennington still claiming that his constitutional rights had been violated.
The 14th Amendment did not, in guarantying due process of law, abridge the jurisdiction which a state possessed over property within its borders, regardless of the residence or presence of the owner. That jurisdiction extends alike to tangible and to intangible property. Indebtedness due from a resident to a nonresident—of which bank deposits are an example—is property within the state. Chicago, R. I. & P. R. Co. v. Sturm, 174 U. S. 710, 43 L. ed. 1144, 19 Sup. Ct. Rep. 797. It is, indeed, the species of property which courts of the several states have most frequently applied in satisfaction of the obligations of absent debtors. Harris v. Balk, 198 U. S. 215, 49 L. ed. 1023, 25 Sup. Ct. Rep. 625, 3 Ann. Cas. 1084. Substituted service on a nonresident by publication furnishes no legal basis for a judgment in personam. Pennoyer v. Neff, 95 U. S. 714, 24 L. ed. 565. But garnishment or foreign attachment is a proceeding quasi in...
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State v. Western Union Fin. Services, Inc., CV-08-0241-PR.
...presents no obstacle to the full exercise of this power." 433 U.S. at 211 n. 38, 97 S.Ct. 2569, quoting Pennington v. Fourth Nat'l Bank, 243 U.S. 269, 271, 37 S.Ct. 282, 61 L.Ed. 713 (1917); see also Burnham, 495 U.S. at 620, 110 S.Ct. 2105 (Shaffer stands for "nothing more than the proposi......
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Shaffer v. Heitner, 75-1812
...basis for jurisdiction when no other forum is available to the plaintiff. 38. To the contrary, in Pennington v. Fourth National Bank, 243 U.S. 269, 271, 37 S.Ct. 282, 61 L.Ed. 713 (1917), we said: "The Fourteenth Amendment did not, in guaranteeing due process of law, abridge the jurisdictio......
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Propper v. Clark, 390
...be met in other ways than seizure of title, e.g., by an injunction against transfer of the property, Pennington v. Fourth National Bank, 243 U.S. 269, 37 S.Ct. 282, 61 L.Ed. 713, L.R.A.1917F, 1159; by an attachment Herbert v. Bicknell, 233 U.S. 70, 34 S.Ct. 562, 58 L.Ed. 854; or by personal......
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U.S. Industries, Inc. v. Gregg, 75-2177
...95 U.S. 714, 24 L.Ed. 565 (1877); Harris v. Balk, 198 U.S. 215, 25 S.Ct. 625, 49 L.Ed. 1023 (1905); Pennington v. Fourth National Bank, 243 U.S. 269, 37 S.Ct. 282, 61 L.Ed. 713 (1917); Ownbey v. Morgan, 256 U.S. 94, 41 S.Ct. 433, 65 L.Ed. 837 (1921). See, e. g., Steele v. G. D. Searle & Co.......
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State v. Western Union Fin. Services, Inc., CV-08-0241-PR.
...presents no obstacle to the full exercise of this power." 433 U.S. at 211 n. 38, 97 S.Ct. 2569, quoting Pennington v. Fourth Nat'l Bank, 243 U.S. 269, 271, 37 S.Ct. 282, 61 L.Ed. 713 (1917); see also Burnham, 495 U.S. at 620, 110 S.Ct. 2105 (Shaffer stands for "nothing more than the proposi......
-
Shaffer v. Heitner, 75-1812
...basis for jurisdiction when no other forum is available to the plaintiff. 38. To the contrary, in Pennington v. Fourth National Bank, 243 U.S. 269, 271, 37 S.Ct. 282, 61 L.Ed. 713 (1917), we said: "The Fourteenth Amendment did not, in guaranteeing due process of law, abridge the jurisdictio......
-
Propper v. Clark, 390
...be met in other ways than seizure of title, e.g., by an injunction against transfer of the property, Pennington v. Fourth National Bank, 243 U.S. 269, 37 S.Ct. 282, 61 L.Ed. 713, L.R.A.1917F, 1159; by an attachment Herbert v. Bicknell, 233 U.S. 70, 34 S.Ct. 562, 58 L.Ed. 854; or by personal......
-
U.S. Industries, Inc. v. Gregg, 75-2177
...95 U.S. 714, 24 L.Ed. 565 (1877); Harris v. Balk, 198 U.S. 215, 25 S.Ct. 625, 49 L.Ed. 1023 (1905); Pennington v. Fourth National Bank, 243 U.S. 269, 37 S.Ct. 282, 61 L.Ed. 713 (1917); Ownbey v. Morgan, 256 U.S. 94, 41 S.Ct. 433, 65 L.Ed. 837 (1921). See, e. g., Steele v. G. D. Searle & Co.......