Kinds of judgment

JUDGEMENT-IN-REM

Judgement-in-rem means an adjudication pronounced upon, the status of some particular matter by a competent authority or court. A judgement-in-rem is always admissable in any suit in which the status , which it has declared, is in question. It is, valid against the entire world and not only inter-parties. In other words juggement-in-rem is a judgement which binds all men, and not only the parties to the suit in which it was passed, and that it belongs to possitive law, to say which judgement are to be judgement-in-rem whether for reasons of international comity or domestic expediency. A judgement-in-rem is one, which declares, defines or otherwise determines the status of a person or of a thing, that is to say, the jural relation of the person or thing to the world generally. Such a judgement furnishes conclusive evidence of the points it decides, not only against the parties who are actual litigants in the case, but against all others. JUDGEMENT-IN-PERSONAM Judgement-in-personam means, a judgement inter-parties, it is an ordinary judgement between the parties , in cases of contract , torts or crime. In other words judgement-in-personam means a judgement between the parties in a suit, it is such judgement that impose personal liability on a defendant and that may therefore be satisfies out of any of the defendant"s property within judicial reach. POINTS OF DIFFERENCE BETWEEN JUDGEMENT-IN-REM AND JUDGEMENT-IN-PERSONAM: (1). A judgement-in-rem is conclusive against the world as to the status of the res. A judgement-in-personam is conclusive only between parties or privies. (2). The final judgement of probate, matrimnial, admiralty or insolvency courts confering on or taking away from any person any legal character or declaring any person to be entitled to any legal character or to any specific thing, are instances of judgement -in-rem while judgement-in-personam is the resolution of a particular dispute between two parties. (3). A judgement-in-rem is an exception to the rule of law that, " no man should be bound by the decision of court of justice unless he or those under whom he claims be parties to proceedings in which such judgement was given."