Pennington v. Fourth National Bank, 243 U.S. 269 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Pennington v. Fourth National Bank, 243 U.S. 269 (1917)
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Pennington v. Fourth National Bank No. 147 Argued January 26, 1917 Decided March 6, 1917 243 U.S. 269
ERROR TO THE SUPREME COURT
OF THE STATE OF OHIO
Syllabus
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.
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Chicago: U.S. Supreme Court, "Syllabus," Pennington v. Fourth National Bank, 243 U.S. 269 (1917) in 243 U.S. 269 243 U.S. 270. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=PQWUFZWL9YTTMPL.
MLA: U.S. Supreme Court. "Syllabus." Pennington v. Fourth National Bank, 243 U.S. 269 (1917), in 243 U.S. 269, page 243 U.S. 270. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PQWUFZWL9YTTMPL.
Harvard: U.S. Supreme Court, 'Syllabus' in Pennington v. Fourth National Bank, 243 U.S. 269 (1917). cited in 1917, 243 U.S. 269, pp.243 U.S. 270. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=PQWUFZWL9YTTMPL.
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