Citation (Bluebook 21st)
Pennoyer v. Neff, 95 U.S. 714 (1878)
Court
Supreme Court of the United States · Field, J.
Posture
Appeal from the Circuit Court of the United States for the District of Oregon, in an action of ejectment.
Facts
Mitchell sued Neff in Oregon state court for unpaid attorney's fees. Neff was a non-resident, was not personally served, and did not appear. After default judgment, Neff's Oregon land was sold at sheriff's sale to satisfy the judgment. Pennoyer purchased it. Neff later sued Pennoyer to recover the land, arguing the original judgment was void.
Issue
Whether a state court has personal jurisdiction over a non-resident defendant by attaching the defendant's in-state property only after judgment is rendered.
Holding
No. A judgment in personam against a non-resident, founded only on constructive service by publication, without personal service or voluntary appearance, is without due process and void.
Reasoning (Field, J.)
Every State possesses exclusive jurisdiction and sovereignty over persons and property within its territory; no State can exercise direct jurisdiction over persons or property outside it. Where a non-resident's property is attached at the outset of suit, the proceeding is in rem and binds only that property. Mere constructive service by publication, without prior attachment or personal service, cannot support a personal judgment.
Subsequent Treatment
Refined in Int'l Shoe Co. v. Washington, 326 U.S. 310 (1945) — minimum-contacts test
Extended in Shaffer v. Heitner, 433 U.S. 186 (1977) — quasi-in-rem must satisfy Int'l Shoe
Reaffirmed in Burnham v. Superior Ct., 495 U.S. 604 (1990) — transient jurisdiction survives