Pennoyer vs Neff, (1878) in this case in the Supreme Court of the United States, it was ruled that the court could exercise personal jurisdiction over any of the parties if this party is served by a process physically present in the state. For today, the Pennoyer v Neff case is read by some law schools in America. Since this case fully discloses the nature of the American federal system and also the principles of personal jurisdiction. However, many are inclined to more modern vessel cases of a similar type.
Neff v Pennoyer facts: In 1866, a local Oregon lawyer, John Mitchell sued Oregon for Marcus Neff for not paying his services. Neff was not a resident of Oregon. Mitchell did not report on the lawsuit of Neff. Neff did not appear in court and a default decision was made in favor of Mitchell. After the decision, Neff got a piece of land in Oregon costing about $ 15,000. Mitchell attached this site to satisfy his decision against Neff. Then Mitchell sold this land at an auction to Sylvester Pennoyer. Neff later sued Pennoyer for the right to his plot in the federal court.
Pennoyer v Neff case brief: In this case, the plaintiff is Marcus Neff. By 1856, Neff had complied with all the rules and completed the necessary documents. In the period from the beginning of 1862 to the middle of 1863 Neff met with lawyer Mitchell. Neff hired attorney John H. Mitchell to help him with documents and other legal issues. These issues were related to the fact that Neff was trying to get a grant for the site in accordance with the Oregon State Donation Act, an act of the United States Congress that was adopted on September 27, 1850, and lost its force of action on December 1, 1855. This is what stimulated the development of sites in the territories of the American West through their transfer, which will be used for further development. Ultimately, Neff was successful in acquiring property in Multnomah County, Oregon.
At that time, the value of such property was estimated at $ 15,000. Soon, Mitchell sued Neff at the Multnomah County District Court in Oregon. His lawsuit was based on the fact that Neff did not pay him for legal services. As a result, Mitchell published a notice about the beginning of the hearing in the newspaper OR, in accordance with the state statute of notification of this state accused. Neff did not appear in court and thus Mitchell was able to win the lawsuit, as the court ruled in his favor.
In this case, the Supreme Court had to determine whether the state court had personal jurisdiction over non-resident Neff. Since this non-resident was not personally in the ship's process but being in the state, as well as when this non-resident did not own property in the state at the time of the initial claim. Since the property of non-resident Neff was annexed by Mitchell after the decision on monetary damage during Mitchell's attempt to fulfill such a decision.
After the lawyer Mitchell won the claim in February 1866, the grant was not transferred to Neff. Perhaps that's why Mitchell was waiting until July 1866 when Neff would receive a grant and impose on his property. Further, the lawyer Mitchell has agreed with the local sheriff that he has seized this site and sold it at a public auction. Then the sheriff was to deliver it to Sylvester Pennoyer. On this basis, in 1874 was a hearing in the Pennoyer v Neff case in a federal court to restore the right to his plot. Pennoyer appealed to the United States Supreme Court after Neff was able to win the case.