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Essay / Research Paper Abstract
A 5 page research paper that discusses the case of Pennoyer v. Neff (1877) in detail. The writer specifically address the issue of attachment (seizure) of land as private property and the rationale of the Supreme Court in its holding. Bibliography lists 4 sources.
Page Count:
5 pages (~225 words per page)
File: D0_khpennvn.rtf
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Unformatted sample text from the term paper:
to understand the function of attachment in this case, it is first necessary to examine the relevant facts. Mitchell, a resident of Oregon, filed a lawsuit in Oregon against Neff,
a resident of California in order to recover a debt of $300, which was owed to him for services rendered as Neffs attorney (Pennoyer v. Neff). The facts of the
case began when Marcus Neff hired an attorney, John J. Mitchell, to help him file the paperwork for a government land grant (Burke). However, Neff neglected to pay Mitchell
the fee owed to him for this service. Mitchell subsequently sued Neff in an Oregon court for the unpaid bill. At that time, Mitchell was the plaintiff and Neff, the
defendant, was a non-resident of Oregon (Pennoyer v. Neff). In this case, i.e., Mitchell v. Neff, "jurisdiction of Neff was obtained by service of summons by publication" (Pennoyer v. Neff).
In other words, Neff is served notice that he is being sued by printing the summons on a local newspaper. The court documents in Pennoyer v. Neff do not indicate
if Neff was aware of the suit since he was living in California, but is it is doubtful that he saw the summons. Mitchell wins his suit by default because
Neff does not appear in court (Shecket). Having won his suit, Mitchell knows that Neff will be getting some land because he filed the paperwork. The court orders
a judicial sale of Neffs land in order to enforce the judgment of the court and Pennoyer buys the property and obtains title by sheriffs deed (Burke). Neff reappears
in Oregon and files a complaint against Pennoyer in U.S. Circuit Court in order to recover his property (Burke). The Circuit Court decides in Neffs favor on the grounds that
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