Whatever has been generally regarded as property, tangible or intangible, corporeal or incorporeal, in possession or in expectancy, is regarded as property within the meaning of the constitutional provisions; and whatever rights to such property have been generally recognized by the system of law prevailing in the states of the Union are such rights as are thereby protected. (See below, ch. xlvi.)

Illustrations of the protection afforded to private property by the limitation as to due process of law might be multiplied, such as that the legislature cannot by statute transfer the property of one person to another (Missouri Pacific R. Co. v. Nebraska), nor determine the rightfulness of one person's claim to property as against another, nor compel one person to pay damages to another for injuries to person or property claimed to have been suffered through a wrongful act. In all cases involving private rights and remedies the determination must be by judicial proceedings. For the determination of rights of individuals a judicial proceeding involves the necessity of jurisdiction of the parties and of the subject-matter (Cunnius v. Reading District; see above, ch. xxiv). Jurisdiction of the parties is acquired by the plaintiff or complainant asking judicial relief, presenting his case to a court, and by summons or notice of some kind as authorized by law giving the opposite party opportunity to appear in the court and make his defence. As the courts of the state can have no jurisdiction over persons outside of the limits of the state unless such persons come into the court voluntarily and submit themselves to its jurisdiction, this summons or notice must be served in the state. It is thus that a court having by law the right to determine cases of the character brought before it, that is, having jurisdiction of the subject-matter, may acquire jurisdiction of the person (Pennoyer v. Neff) But there are classes of cases in which a court may proceed to render an adjudication binding upon property, although the owner of the property is not served with notice within the state. Such proceedings are called proceedings in rem. Thus, one who has a mortgage or mechanics' lien on property may subject it to the payment of his claim, although personal jurisdiction over the debtor has not been secured; or property within the state belonging to a non-resident may be subjected by his creditors to the payment of his claims by means of proceedings by attachment; or the title to property may be determined and quieted although the adverse claimant is not served with personal notice by reason of his absence from the state (Arndt v. Griggs). But in all such cases the court must limit itself to giving redress with reference to the property which is within the jurisdiction of the court; it cannot render a personal judgment against one who is not a party to the proceeding, either by proper servance or by voluntary appearance.