in personam

where the judgment sought is strictly in personam, both the state court and the federal court, having concurrent jurisdiction, may proceed with the litigation at least until judgment is obtained in one of them which may be set up as res judicata in the other

IN REM. In the Roman Jaw, from which they are taken, the expressions “iz rem” and “in personam” were rected against or with reference to a specifi person, while an act or proceeding dm rem. was one done or directed with reference to no specific person, and consequently against or with reference to all whom it might coneern, or “all the world.” The phrases wereespecially applied to actions; an aclio in personam being the remedy where a claim against a specific person arose out of an obligation, whether ex coutractu or ex male- Jieio, while an actio in rem was one brought for the assertion of a riglt of property, easement, status, elc,, against one who denied or infringed it. See Inst. 4, 6, 1; Gaius, 4, 1, 1-10; 5 Sav. Syst. 13, ef seq.; Dig. 2, 14, 7, $7 dd. 4, 2,9). 1. From this use of the terms, they have come to be applied to signify the antithesis of “available against a particular person,” and “available against the world atlarge.” Thus, jura in personam are rights primarily available against specifie persons; jura in rem, rights only available against the world ak large, So a judgment or decree is said to ba in rem when it binds third persons. Such is the sentence of a court of admirally on a question of prize, or a decree of nullity or dissolution of marriage, or a decree of a court in a foreign country as to the status of a person domiciled there. Lastly, the terms are sometimes used to signify that a judicial proceeding operates on athing or a person. Thus, if is said of the court of chancery that it acts in personam, and not in rem, meaning that its decrees operate by compelling defendants te de what they are ordered to do, and not by producing the effect directly. Sweet. In personam aetio est, qua cum 60agimus qui obligatus est nobis ad faciendum aliquid vel dandum. The aciion in personam is that by which we sue him who is under obligation to us to do something: or give something. Dig. 44, 7, 25; Bract. 1018.

remedies. A remedy tn personam, is one where the proceedings are against the person, in contradistinction of those which are against specific things, or in rem. (q- V.