Pennoyer v. Neff 1877
Personal Jurisdiction CivPro – pg61 – 10/26/09
Parties: Π – Owner of repossessed land ∆ - Buyer of land from sheriff Procedural History: - Original case was a lawyer suing for fees o Default resulted after notice of service was printed in local paper in ∆’s (Neff) land getting repossessed and sold to pay for judgment - This suit is a title dispute over the land and the District court ruled for π, then appealed Facts: - In 1st suit Mitchell sued Neff to recover lawyer fees o ‘Constructive’ service (posting in a newspaper) failed to get Neff to appear so a default judgment was rendered o To pay the fees, land owned by Neff was seized by sheriff and sold (to Pennoyer/∆) - When Neff returned to Oregon he sought to clear the title on the land by suing Pennoyer Legal Issue: Can a judgment be enforced when a nonresident who was never personally served? Holding: No. Personal service is required for a non-resident to be subject to a judgment by which they were not personally served. Reasoning: - First case found void for want of personal service - Allowing actions against individuals who aren’t present & are unaware and then enforcing the judgments “would be the constant instruments of fraud and oprpression’ o Judgments ‘in personam’ are those against an individual while jugments ‘in rem’ are against an individual’s property Constructive service (fictional…just posting in paper) may be okay for in rem, but not in personam (like Neff’s situation) - Court holds that a judgment if void when rendered Ø later become valid - States do have some latitude, however, in creating mechanisms for service around marriages and other relationships and entities also including partnerships Disposition: Affirmed. Dissent/Concurrence: N/A