Pennoyer v. Neff

Pennoyer v. Neff
Supreme Court of the United States, 1877.
95 U.S. (5 OTTO) 714, 24 L.Ed. 565.

Facts: In a prior suit, Mitchell sued Neff in the Circuit Court of Multnomah County, Oregon. Mitchell claimed Neff was a California resident but didn't know where he lived; the court decided to serve by publication. (It was an option in Oregon when the defendant's address was not known). When Neff failed to answer, Mitchell was awarded default judgment. A month later, Neff bought a tract of land in Oregon; Mitchell executed against it and bought it at the sheriff's sale for $341.60, "presumably the amount of the judgment plus interest and costs." Three days later, Mitchell transferred title to Pennoyer. (End Oregon's courts involvement).

Neff sued Pennoyer to recover the land, contending that the judgment in Mitchell's suit was invalid because the Oregon court didn't have jurisdiction.

Procedure: Pennoyer loses Neff's suit (in federal court), and Pennoyer appeals.

Issue: Did Oregon have jurisdiction?

Holding: No

Reasoning: The property they acted on was not acted on during the trial; a court may act on a defendant's property (in rem) in the state if it's specified at the beginning of the trail, but not after! Certainly not property acquired after.