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Pennoyer v. Neff

United States Supreme Court
95 U.S. 714, 5 Otto 714, 24 L.Ed.2d 565 (1877)

Written by Angela Patrick, JD

Facts

J. H. Mitchell, a purported attorney and known shyster, sued Marcus Neff (plaintiff) in Oregon state court, allegedly for unpaid legal fees. Neff lived in California. Rather than personally serving Neff, Mitchell gave constructive notice of the lawsuit by publishing notice in an Oregon newspaper, as permitted by Oregon law. Neff did not appear in the lawsuit, and the state court entered a default judgment against him. After the judgment, Neff acquired land in Oregon. Mitchell seized the land to satisfy the judgment and sold it to Sylvester Pennoyer (defendant). Neff sued Pennoyer in federal district court to recover the land. In this second lawsuit, the district court ruled for Neff, concluding that Mitchell had not properly followed Oregon’s constructive-service rules. The district court voided the state court’s default judgment and the resulting land sale to Pennoyer. Pennoyer appealed to the United States Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Field, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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