Stephen Johnson Field

Name: Windsor v. McVeigh — Opinion of the Court
Author: Stephen Johnson Field

Windsor v. McVeigh — Opinion of the Court

Summary

“Windsor v. McVeigh — Opinion of the Court”, is a work by Stephen Johnson Field. It explores elements such as seizure, proceedings and monition.

Quotes from Windsor v. McVeigh — Opinion of the Court (Stephen Johnson Field)

Stephen Johnson Field, Windsor v. McVeigh — Opinion of the Court

“ A service set aside is never service by which a judgment in the action can be upheld.
The doctrine invoked by counsel, that, where a court has once acquired jurisdiction, it has a right to decide every question which arises in the cause, and its judgment, however erroneous, cannot be collaterally assailed, is undoubtedly correct as a general proposition, but, like all general propositions, is subject to many qualifications in its application. ”

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Source: Wikisource

Stephen Johnson Field, Windsor v. McVeigh — Opinion of the Court

“ If a seizure is made and condemnation is passed without the allegation of any specific cause of forfeiture or offence, and without any public notice of the proceedings, so that the parties in interest have no opportunity of appearing and making a defence, the sentence is not so much a judicial sentence as an arbitrary sovereign edict. ”

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Source: Wikisource

Stephen Johnson Field, Windsor v. McVeigh — Opinion of the Court

“ A sentence of a court pronounced against a party without hearing him, or giving him an opportunity to be heard, is not a judicial determination of his rights, and is not entitled to respect in any other tribunal.
That there must be notice to a party of some kind, actual or constructive, to a valid judgment affecting his rights, is admitted. Until notice is given, the court has no jurisdiction in any case to proceed to judgment, whatever its authority may be, by the law of its organization, over the subject-matter. ”

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Source: Wikisource

Stephen Johnson Field, Windsor v. McVeigh — Opinion of the Court

“ The seizure in a suit in rem only brings the property seized within the custody of the court, and informs the owner of that fact. The theory of the law is, that all property is in the possession of its owner, in person or by agent, and that its seizure will, therefore, operate to impart notice to him. Where notice is thus given, the owner has the right to appear and be heard respecting the charges for which the forfeiture is claimed. That right must be recognized and its exercise allowed before the court can proceed beyond the seizure to judgment. ”

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Source: Wikisource

Stephen Johnson Field, Windsor v. McVeigh — Opinion of the Court

“ The question for determination is, whether the decree of condemnation thus rendered, without allowing the owner of the property to appear in response to the monition, interpose his claim for the property, and answer the libel, was of any validity. In other words, the question is, whether the property of the plaintiff could be forfeited by the sentence of the court in a judicial proceeding to which he was not allowed to appear and make answer to the charges against him, upon the allegation of which the forfeiture was demanded. ”

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Source: Wikisource

Stephen Johnson Field, Windsor v. McVeigh — Opinion of the Court

“ Wherever one is assailed in his person or his property, there he may defend, for the liability and the right are inseparable. This is a principle of natural justice, recognized as such by the common intelligence and conscience of all nations. ”

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Source: Wikisource

Stephen Johnson Field, Windsor v. McVeigh — Opinion of the Court

“ Justice Story said, that it did not strike him that any sound distinction could be made between a sentence pronounced in rem by a court of admiralty and prize, and a like sentence pronounced by a municipal court upon a seizure or other proceeding in rem ”

Stephen Johnson Field

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Quotes from Windsor v. McVeigh — Opinion of the Court (Stephen Johnson Field)

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