Pennoyer v. Neff (Personal Jurisdiction, 1877)
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The Facts
Neff obtained a default judgment against Pennoyer in Oregon state court after service by publication. Pennoyer had not been personally served and was not present in Oregon. Pennoyer later sued in federal court to recover property sold to satisfy the Oregon judgment, arguing the Oregon court lacked jurisdiction over him.
The Issue
• Whether a state court may exercise in personam jurisdiction over a non-resident defendant based solely on service by publication • Whether the Due Process Clause limits a state's territorial jurisdiction • Whether a judgment rendered without proper jurisdiction is void and unenforceable
The Rules
No state shall deprive any person of life, liberty, or property without due process of law.
A state court has no jurisdiction to render a judgment in personam against a non-resident who has not been personally served within the state and has not voluntarily appeared or consented to jurisdiction.
A judgment rendered without jurisdiction is void and unenforceable; it is nothing more than an empty paper.
The Application
Oregon attempted to exercise jurisdiction over Pennoyer based on publication service despite his absence from the state and lack of consent, satisfying none of the four permissible bases: personal service, domicile, voluntary appearance, or property seizure. The Court found that publication service provides neither the territorial nexus nor assurance of actual notice required to bind a defendant to a judgment. Because Oregon lacked the power to enter judgment over an absent, non-consenting defendant, the state court's exercise of jurisdiction violated the Due Process Clause and rendered the judgment void.
The Conclusion
**The Court held that state courts lack power to exercise personal jurisdiction over non-residents absent personal service within the state or the defendant's voluntary appearance or consent.** The Oregon judgment was void because the court lacked jurisdiction. This established the territorial limits doctrine that jurisdiction depends on power over the person, grounded in the Due Process Clause of the Fourteenth Amendment.
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