University:
Boston University
Course:
LAW AM 700 | Intro to American Law
Academic year:

2023
Views:

159

Pages:

2
Author:

Cierra S

Pennoyer v. Neff 95 U.S. 714 (1877) Justice Fields FACTS:        Neff, plaintiff, was the defendant in a prior trial where the judgement was against him because he did not appear for court. Plaintiff was not personally served with process Neff is a non-resident of Oregon, where the case had taken place. In his absence the court rendered a judgement against him and sold his property, which was located in Oregon, and sold it. (default judgement) The plaintiff asserts the title to this property; this enforces the judgement The defendant claims that he acquired the property under the sheriff’s deed The property was not attached nor brought under the jurisdiction of the court until after the rendering The plaintiff is now questioning the validity of this, he wants to get property back PROCEDURAL HISTORY:    Neff failed to appear in court and court rendered judgement against him Neff is now making a claim that the land is still his and is attempting to recover his land in court He appealed his case to the U.S. Supreme Court ISSUE:  Whether or not the state can exercise personal jurisdiction of a non-resident if that nonresident was not personally served with process RULES:  14TH Amendment supports that an individual is not liable if they are not brought within the jurisdiction by service of process RATIONALE:  Neff was not served process, it was only published in a newspaper. Therefore he was not aware that he was to show up in court and was not aware of the consequences if he failed to do so. Thus, he is not liable for not showing up and therefore the judgement that was rendered is invalid. CONCLUSION:  The lower court (in his original trial) was not valid in selling Neff’s property because he was not personally served with process. The Judgment was affirmed. HOLDING:  A non-resident must be personally served with process in order for them to be liable. o Property cannot be attached after the judgement. o Jurisdiction cannot not be received after judgement must be received prior NOTES:       Jurisdiction can be attached if they have property within the state, even if they do not appear in court or is not found within the state Courts can use property, in their territory, owned by a non-resident to the payment of its own citizen against them. This does not infringe on the sovereignty of the other state. This a legitimate and appropriate way to satisfy the claims of the citizen. Tribunals: courts Process: person is required to appear in court or defendant given notice of legal action against them Forum state: state in which case is brought Attaching Property: seizing of one’s property