Rhoades v. Wright

552 P.2d 131, 1976 Utah LEXIS 890
CourtUtah Supreme Court
DecidedJuly 8, 1976
Docket14159
StatusPublished
Cited by5 cases

This text of 552 P.2d 131 (Rhoades v. Wright) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rhoades v. Wright, 552 P.2d 131, 1976 Utah LEXIS 890 (Utah 1976).

Opinions

MAUGHAN, Justice:

On appeal is an order of the trial court vacating a writ of attachment; holding that an “attachment is an improper method to confer jurisdiction in a wrongful death case where the tort sued upon arose in another state”; and that the court had no in rem jurisdiction. We reverse and remand for reinstatement of the writ.

In 1970, Claude Rhoades and James Wright each farmed different parcels of land located in Utah and in Colorado. In April of that year, James Wright shot and killed Claude Rhoades within the state of Colorado. Wright was tried, found guilty, and sentenced to life imprisonment; after which, it is alleged, he transferred his Utah property to his parents, Clifford Wright and Essie Wright, for no consideration.

Plaintiff commenced the wrongful death action in the United States District Court for the District of Utah, Central Division, serving defendants with process in Colorado. Plaintiff also sought and obtained a writ of attachment on the Utah property which Wright had transferred to his parents.

The decision of the United States District Court that it had jurisdiction based on Utah’s Long-Arm Statute was appealed and reversed, by the United States Court of Appeals, Tenth Circuit.

At the time of the appeal to the Circuit Court, our rule1 provided for an attachment in an “action to recover damages for any tort committed by a nonresident of this state against the person or property of a resident of this state.” This was the rule which the federal court had before it. Prior to the commencement of the present action, viz., July 19, 1974, Rule 64C(a) had been amended, and it read:

The plaintiff, at any time after the filing of the complaint . . . in an action against a nonresident of this state,

[133]*133It is pursuant to the amended rule the attachment in the instant action was levied.

The subject rule is narrowly drawn, requiring allegation of one or more of seven causes for attachment, but not in the alternative. These together with other limiting allegations, one of which prevents the attachment if the payment of the claim has been secured by any mortgage or lien on real or personal property. It also provides for a hearing, at the instance of the defendant, at any time, upon such notice to the plaintiff as the court may require. At which hearing the court passes on the justification for the writ. And this, of course, would be prior to the deprivation of any significant property interest. Under the facts in the instant matter, it is apparent the attachment was necessary to secure jurisdiction, which has been held to constitute a basic and important public interest.2

In the instant matter we consider neither the Long-Arm Statute nor Rule 64C(a) prior to its amendment. Such considerations were integral to the federal action, but are not present here.

It is well settled that a change in a governing statute, or rule of court, deprives a judgment, based on a former statute or rule, of its conclusiveness. Consequently, the federal judgment is not res ju-dicata as to the present attachment.3 It is also well established that a judgment dismissing an action for lack of jurisdiction is res judicata to that which was the subject of the judgment, but is not res judicata as to the merits of the action.4

The principal point raised on this appeal is the efficacy of the attachment to acquire jurisdiction for the purpose of litigating plaintiff’s claim against defendants.

This state, through its tribunals, may subject property owned by nonresidents, and situated within its boundaries, to the payment of the demands of its own citizens against nonresidents. Such an exercise of jurisdiction does not infringe upon the sovereignty of the state where the nonresident is domiciled. Every state has an interest in its citizens and owes them its protection; and it is a legitimate acquittal of this duty of protection to hold and appropriate any property owned by nonresidents to satisfy just claims of its citizens.5 In Bristol v. Brent6 this court said:

In attachment proceedings against a nonresident defendant where personal service on him is lacking it is elementary that the court must obtain jurisdiction of the property of the defendant. This is an ordinary attachment is obtained by seizure of it by the officer, and this seizure places the property in the custody of the law to be so held until the court determines whether or not a plaintiff in the action is entitled to judgment in the main case.

Section 66 of the Restatement 2d of the Conflict of Laws is as follows:

A state has power to exercise judicial jurisdiction to apply to the satisfaction of a claim interests in a tangible thing that is subject to its judicial jurisdiction and belongs to the person against whom the claim is asserted, although the person himself is not subject to the jurisdiction of the state.

Any judgment obtained pursuant to this procedure reaches only as far as the res which has been attached, and only to the extent of its value; it does not impose a personal obligation upon the person against whom the claim is exercised, if he is not personally subject to the jurisdiction of the state.

The power of a state to exercise judicial jurisdiction, i. e., jurisdiction over [134]*134the interests of persons in things, within the jurisdictional limits of the state, depends upon the relationship of the thing to the state. The power is there if the relationship of the thing to the state is of such a nature as to make the exercise of such jurisdiction reasonable. Where, as here, the thing is land, which by its nature is immovable, the state of the situs may reasonably exercise judicial jurisdiction against all persons to determine interests therein.7 Reasonable notice to defendant is essential, and that it be clear the action is directed against the thing.

Here, it is well to make the distinction made in the more modern cases and treatises between jurisdiction in rem and jurisdiction quasi-in-rem. In the former some existing claim upon the thing itself is asserted. In a quasi-in-rem action a court will use its power over the property to provide a remedy for a claim not directly related to the thing itself.8 The jurisdiction of the court to inquire into and determine the obligations of the nonresident is only incidental to its jurisdiction over the property.9

An interesting case similar to the one at hand is Wilcox v. Richmond, Fredericksburg & Potomac Railroad Co.10 There a New York resident had attached property belonging to an out of state corporation. The United States District Court determined the attachment under attack was authorized by an existing New York rule; that under Rule 4(e), F.R.C.P. (as amended in 1963) the federal court was authorized to proceed with attachment. The court went on to say:

Moreover, ever since Pennoyer v. Neff has been no doubt that the presence of property within a state provides a basis for that state’s adjudicating any legally enforceable claim against the absent owner to the extent it can be satisfied out of the property on which jurisdiction was grounded.

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Related

Mannes-Vale, Inc. v. Vale
717 P.2d 709 (Utah Supreme Court, 1986)
Bailey v. Deseret Federal Savings & Loan Ass'n
701 P.2d 803 (Utah Supreme Court, 1985)
Rhoades v. Wright
622 P.2d 343 (Utah Supreme Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
552 P.2d 131, 1976 Utah LEXIS 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhoades-v-wright-utah-1976.