Pennoyer v. Neff

95 U.S. 714 · Supreme Court of the United States · 1878

Facts

Pennoyer, a non-resident of Oregon, owned land there. Mitchell sued Pennoyer in Oregon state court for attorney fees, serving him by publication only, without personal service or appearance. Mitchell obtained a default judgment, and Pennoyer's land was subsequently sold to Neff under an execution of that judgment, without the land having been attached at the suit's commencement.

Procedural history

A judgment was rendered against Neff in an Oregon circuit court. The 'court below' (impliedly a federal circuit court, likely the Circuit Court of the United States for the District of Oregon) held the state court judgment invalid due to defects in the affidavit for publication, but also considered the argument that the judgment was void for lack of personal service. The case reached this court (the Supreme Court) on review of the 'court below's' ruling.

Issue

Can a state court obtain personal jurisdiction over a non-resident defendant, who is not personally served and does not appear, through constructive service by publication alone, to render a valid personal judgment that can be used to seize the defendant's property within the state?

Holding

No. The Supreme Court affirmed the lower court's decision, holding that the Oregon state court's personal judgment against the non-resident Pennoyer, based solely on constructive service without prior attachment of his property, was void and did not authorize the sale of his land.

Rule

A state court can only exercise personal jurisdiction over a non-resident defendant if the defendant is personally served within the state, voluntarily appears, or has property within the state that is brought under the court's control (e.g., by attachment) at the commencement of the action, making it a proceeding in rem. A personal judgment rendered against a non-resident without such jurisdiction violates due process and is void.

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