is
therefore physical power capable of being exerted over persons through
_in personam_ actions and over things, generally through actions _in
rem_.[687] In proceedings _in personam_ to determine liability of a
defendant, no property having been subjected by such litigation to the
control of the Court, jurisdiction over the defendant's person is a
condition prerequisite to the rendering of any effective decree.[688]
That condition is fulfilled; that is, a State is deemed capable of
exerting jurisdiction over an individual if he is physically present
within the territory of the State, if he is domiciled in the State
although temporarily absent therefrom, or if he has consented to the
exercise of jurisdiction over him. In actions _in rem_, however, a State
validly may proceed to settle controversies with regard to rights or
claims against property within its borders, notwithstanding that control
of the defendant is never obtained. Accordingly, by reason of its
inherent authority over titles to land within its territorial confines,
a State may proceed through its courts to judgment respecting the
ownership of such property, even though it lacks the constitutional
competence to reach claimants of title who reside beyond its
borders.[689] By the same token, probate[690] and garnishment or foreign
attachment[691] proceedings, being in the nature of _in rem_ actions for
the disposition of property, may be prosecuted to conclusion without
requirement of the presence of all parties in interest.[692]
How Perfected: By Voluntary Appearance or Service of
Process.--It is not enough, however, that a State be potentially
capable of exercising control over persons and property. Before a State
legitimately can exercise such power to alter private interests, its
jurisdiction must be perfected by the employment of an appropriate mode
of serving process deemed effective to acquaint all parties of the
institution of proceedings calculated to affect their rights; for the
interest of no one constitutionally may be impaired by a decree
resulting from litigation concerning which he was afforded neither
notice nor an opportunity to participate.[693] Voluntary appearance, on
the other hand, may enable a State not only to obtain jurisdiction over
a person who was otherwise beyond the reach of its process; but also, as
in the case of a person who was within the scope of its jurisdiction, to
dispense with the necessity of personal service. When a
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