Pennoyer v. Neff
Supreme Court of the United States
: Error to ' jibe Circuit' Court of the United States for tbe District' of Oregon. . " .This action was brought by Neff- against Pennoyer for tKe recovery, of a tract - of - larrd situated’ in Multnoinab County,. Oregon. - Permoyer, in his answer, tjenied Neff’s title and right to possession, and set up a title- in-himself, ‘ ' •By .consent of parties, and'in pursuance of their written-stipulation filed in tbe cáse, -.tbe cause was tried .by the court; and a special Verdict…
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: Error to ' jibe Circuit' Court of the United States for tbe District' of Oregon. . " .This action was brought by Neff- against Pennoyer for tKe recovery, of a tract - of - larrd situated’ in Multnoinab County,. Oregon. - Permoyer, in his answer, tjenied Neff’s title and right to possession, and set up a title- in-himself, ‘ ' •By .consent of parties, and'in pursuance of their written-stipulation filed in tbe cáse, -.tbe cause was tried .by the court; and a special Verdict ’ given, upon -wbicb judgment was rendered • in favor .of Neff; whereupon Beniioyer Sued out this writ of error. ■ -Tbe…
1DissentJustice Hunt
I am compelled to dissent from' the opinion and judgment of the court, and, deeming the question involved tobe important, I take leave to record my views upon it.
The judgment of the court below was placed upon the ground that the provisions of the statute were not complied with. This is of comparatively little importance, as it affects the present case only. The judgment of this court is based upon the theory that the legislature had no power to pass the law in question; that the principle of the statute is vicious, and every proceeding under it void. It, therefore, affects all like cases,…
2Cases cited11 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Galpin v. PageSupreme Court of the United States · 1874
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Webster v. ReidSupreme Court of the United States · 1851
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