⚖️ Pennoyer v. Neff

Monday, January 21, 1878 All day

A state can only exercise personal jurisdiction over an out of state defendant if they are served with process within the bounds of the state. Quasi in rem jurisdiction can only be established over property within the state if it was 'brought under the control of the court' by the time the suit commenced. This decision was modified by later cases, but remains the underlying basis for much of federal personal jurisdiction. Decided January 21, 1878 (argued October, 1877). Opinion of the Court: Stephen Johnson Field → go there Dissenting: Hunt. Applied: the Fourteenth Amendment → go there Topic: Personal jurisdiction. Pennoyer v. Neff, 95 U.S. 714 (1878), was a decision by the Supreme Court of the United States in which the Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with process while physically present within the state. More importantly, the court imposed a procedural limit on quasi in rem jurisdiction over property located within the state; it would have to be "brought under the control of the court" at the time the suit commenced otherwise quasi in rem jurisdiction would remain unavailable. Wiki link

⚖️ Pennoyer v. Neff