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Definition of IN PERSONAM, IN REM

In the Ro-maa law, from which they are taken, the expressions “in rem” and “in personam” were always opposed to one another, an act or proceeding in personam being one done or directed against or with reference to a spe-clflc person, while an act or proceeding in rem was one done or directed with refer-ence to no specific person, and consequently against or with reference to all whom it might concern, or “ail the world.” The phrases were especially applied to actions; an actio in personam being the remedy where a claim against a specific person arose out of an obligation, whether ex contractu or ex maleficio, while an actio in rem was one brought for the assertion of a right of prop-erty, easement, status, etc., against one who denied or infringed it See InsL 4, 6, 1; Gaius, 4, 1, 1-10; 5 Sav. Syst. 13, et seq.; Dig. 2, 4, 7, 8; Id. 4, 2, 0, 1

 

Black's Law Dictionary 2nd edition

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