Laborde v. Ubarri, 214 U.S. 173 (1909)

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Laborde v. Ubarri


No.194
Argued April 30, 1909
Decided May 17, 1909
214 U.S. 173

ERROR TO THE DISTRICT COURT OF THE
UNITED STATES FOR PORTO RICO

Syllabus

In the courts of the United States, attachment is but an incident to a suit, and falls unless the suit can be maintained, Ex Parte Railway Co., 103 U.S. 794, and unless the court has jurisdiction over the person of the defendant, the suit cannot be maintained.

Ubarri v. Laborde, ante, p. 168, followed to effect that, after a succession in Porto Rico has been divided, the liability of the heirs is personal; and, even if the suit can be maintained against the succession, private property of the heirs cannot be attached to answer for the judgment.

The facts are stated in the opinion.