Hawaii Supreme Court

In the Matter of the Complaint of Jack E. Vockrodt and Euphence F. Vockrodt to Establish Title to Land Situate on…

January 5, 196850 Haw. 201

Summary

The Hawaii Supreme Court reversed the trial court, holding that the quiet‑title action was in personam and that service by publication was insufficient for parties who could be personally served. Accordingly, the motion to dismiss should have been granted and the defaults vacated on remand.

Holding

  • Whether a quiet‑title action brought under R.L.H. 1955 §242‑1(b) is an in personam or in rem proceeding. The action is in personam.
  • Whether service by publication under §242‑2.1 satisfies due‑process requirements for parties who can be personally served. Service by publication is not sufficient for parties who can be personally served; personal service is required.
  • Whether the trial court erred in denying the motion to dismiss for lack of personal jurisdiction and insufficient service. The trial court erred; the motion to dismiss should have been granted.

Docket 4623

Cited authorities

  • Rule 4
  • Ariz. Rev. Stat. Ann. §§ 12-1101
  • 68 Yale L.J. 1245

Cited by

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