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Civil Procedure Keyed to Yeazell
Pennoyer v. Neff
Citation:
95 U.S. 714 (1877)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Plaintiff hired J.H Mitchell for legal work. Plaintiff failed to pay Mitchell, and Mitchell sued in Oregon state court. Neff was neither a resident of the state nor was he personally served with process. Instead, Mitchell published notice of the summons. After Neff failed to appear, default judgment was entered against him. Shortly thereafter, Neff took title to a tract of land in Oregon. Mitchell had the sheriff seize the land to be sold to satisfy the judgment. Defendant bought it and received a sheriff’s deed as evidence of title. Plaintiff sued Defendant to recover the property in the United States Circuit Court for the District of Oregon. The lower court concluded that Mitchell’s judgment was invalid due to defects in the affidavit on which the constructive service was based. Defendant appealed.
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