United States v. Jewel Hawkins

The United States appeals from a decision of the District Court of the Third Division of the Territory of Alaska rendered by Judge Dimond on March 9, 1953, in a suit brought by Mrs.-Hawkins against one Savage. Mrs. Hawkins attached the indebtedness of Warrick Co., to Savage. Warrick Co., paid that amount into court and the .suit became one of Mrs. Hawkins against Savage’s interest in the fund of $2,341.87 held by the court. The United States intervened with a complaint alleging Savage owed it $3,344.37. The court held Mrs. Hawkins’ claim preceded that of the United States and awarded the fund to her. This appeal followed.

Mrs. Hfwkins contends the court never acquired jurisdiction in personam over Savage, to entitle the United States to claim against Savage’s interest in the fund. It is apparent that this always underlying question of jurisdiction must be determined before we can consider the merits of the question of the precedence of the two litigants claiming the fund.

Mrs. Hawkins’ complaint was filed on February 21, 1950. Her attachment on the debt owed by Savage to the Warrick Co., was on April 19, 1950. On September 21, 1950, the complaint in intervention of the United…