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Marcus Neff
''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. The case emerged from a dispute regarding a parcel of land, which now includes portions of Forest Park near downtown Portland, Oregon, secured by settler Marcus Neff. He had received legal aid to obtain the property from unscrupulous attorney John H. Mitchell, who sued Neff in 1865 for an alleged debt related to the legal service. Mitchell won by default, and Neff's land was sold off to pay the debt. Mitchell himself ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richmond Law
The University of Richmond School of Law (Richmond Law) is a school of the University of Richmond, located in Richmond, Virginia. Richmond Law is ranked 52nd (tie) in the US by ''US News'', among the ''top five value'' law schools by the ''National Jurist'', and one of the Princeton Review's 167 ''Best Law Schools of 2018''. With approximately 150 J.D. candidates per class year, the University of Richmond School of Law has full accreditation by all recognized standardizing agencies in the United States on the American Bar Association registry. Richmond Law's Dean, Wendy Perdue, is also a former president of the Association of American Law Schools. Richmond Law is regionally accredited by the Virginia State Board of Bar Examiners, and is the #1 alma mater of judges in the state. Richmond Law is among Above the Law's ''top ten'' Law Schools of the South. Located near the border of America's cultural demarcation line, the University of Richmond campus can be found on located abo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Paul Deady
Matthew Paul Deady (May 12, 1824 – March 24, 1893) was a politician and jurist in the Oregon Territory and the state of Oregon of the United States. He served on the Oregon Supreme Court from 1853 to 1859, at which time he was appointed to the newly created federal court of the state. He served as a United States district judge of the United States District Court for the District of Oregon in Portland, as the sole Judge until his death in 1893. While on the court he presided over the trial that led to the United States Supreme Court decision of ''Pennoyer v. Neff'' concerning personal jurisdiction. Prior to joining the court, Deady served in the legislature of the Oregon Territory, including time served as the President of the Council, and was elected as President of the Oregon Constitutional Convention in 1857. A native of the state of Maryland, his first profession was as a blacksmith. He also spent time as a teacher in both Ohio and Oregon. Deady read law in Ohio and prac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant’s claims are “counterclaims.” Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Patent
A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publishing in public records, made by a sovereign entity. It is the highest evidence of right, title, and interest to a defined area. It is usually granted by a central, federal, or state government to an individual, partnership, trust, or private company. The land patent is not to be confused with a land grant. Patented lands may be lands that had been granted by a sovereign authority in return for services rendered or accompanying a title or otherwise bestowed ''gratis'', or they may be lands privately purchased by a government, individual, or legal entity from their prior owners. "Patent" is both a process and a term. As a process, it is somewhat parallel to gaining a patent for intellectual property, including the steps of uniquely ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem Jurisdiction
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the state court may exer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personam
''In personam'' is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (E&W known as Particulars of Claim (CPR 1999) to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment". In personam is distinguished from '' in rem'', which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. ''In personam'' means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (''in rem'') then the action must be filed where the property exists and is only enforceable there. See also *Personal jurisdiction *'' quasi in rem'' *'' in rem'' *''sui iuris ''Sui iuris'' ( or ) also spelled ''sui juris'', is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Default Judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition. Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse. Specific jurisdictions England and Wales How judgment arises In England and Wales, a claimant starts a case by issuing a claim form. This either states a monetary figure on it, toget ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
San Joaquin County, California
San Joaquin County (; Spanish language, Spanish: ''San Joaquín'', meaning "Joachim, St. Joachim"), officially the County of San Joaquin, is a county (United States), county in the U.S. state of California. As of the 2020 United States Census, 2020 census, the population was 779,233. The county seat is Stockton, California, Stockton. San Joaquin County comprises the Stockton, California, Stockton–Lodi, California, Lodi–Tracy, California, Tracy metropolitan statistical area within the regional San Jose, California, San Jose–San Francisco–Oakland, California, Oakland San Jose–San Francisco–Oakland, CA Combined Statistical Area, combined statistical area. The county is located in Northern California's California Central Valley, Central Valley just east of the very highly populated nine-county San Francisco Bay Area region and is separated from the Bay Area by the Diablo Range of low mountains with its Altamont Pass. One of the smaller counties by area in California, it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pacific Christian Advocate
The ''Pacific Christian Advocate'' was a Methodist newspaper printed from 4 December 1850, until editor Laird Mills was transferred to San Francisco to edit the national ''Christian Advocate'' in 1932. It was first published in Salem, Oregon, before moving to Portland, Oregon, in 1859. The paper concentrated heavily on news of interest to Methodists in the Oregon Territory, and later across the State of Oregon. Editors to the paper were elected by two Methodist bishops. Two attempts have been made to digitize the paper. The first was in 1964 by the Chemeketa Chapter of the Oregon Daughters of the Revolution. They created an index of article titles and genealogical data from 1864 to 1890. The second attempt was a digital copy of microfilm in 1999 by Sharon E. Osborn-Ryan through Heritage Trail Press. This collection covers the first issue printed on December 4, 1850 to the December 27, 1856 (Vol. 7, No.5) issue. Current archives of the paper are available on microfilm at the Or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Of Process
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called " process") to the person to be served. Service Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Multnomah County
Multnomah County is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the county's population was 815,428. Multnomah County is part of the Portland–Vancouver– Hillsboro, OR–WA Metropolitan Statistical Area. Though smallest in area, Multnomah County is the state's most populous county. Its county seat, Portland, is the state's largest city. History The area of the lower Willamette River has been inhabited for thousands of years, including by the Multnomah band of Chinookan peoples long before European contact, as evidenced by the nearby Cathlapotle village, just downstream. Multnomah County (the thirteenth in Oregon Territory) was created on December 22, 1854, formed out of two other Oregon counties – the eastern part of Washington County and the northern part of Clackamas County. Its creation was a result of a petition earlier that year by businessmen in Portland complaining of the inconvenient location of the Washington County seat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
