Pennington v. Fourth National Bank - 243 U.S. 269 (1917)
U.S. Supreme Court
Pennington v. Fourth National Bank, 243 U.S. 269 (1917)
Pennington v. Fourth National Bank
Argued January 26, 1917
Decided March 6, 1917
243 U.S. 269
The power of the states to seize tangible and intangible property and apply it to satisfy the obligations of absent owners is not obstructed by the federal Constitution.
The power is the same whether the obligation sought to be enforced be admitted or contested, liquidated or unliquidated, inchoate or mature.
The only essentials to its exercise are the presence of the res, its seizure at the commencement of proceedings, and the opportunity of the owner to be heard.
Where these essentials exist, a decree for alimony will be valid under the same circumstances and to the same extent as a judgment on a debt, i.e., valid as a charge upon the property seized. So held where the property was the divorced husband's bank account.
Property not subject to attachment at law may be reached in equity; an injunction entered at the commencement of proceedings for divorce and alimony may operate as a seizure, in the nature of a garnishment, of defendant's account in bank.
92 Ohio St. 517 affirmed.
The case is stated in the opinion.