2 The precise case is this a statute of Oregon authorizes suits to be commenced

2 the precise case is this a statute of oregon

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2. The precise case is this: a statute of Oregon authorizes suits to be commenced by the service of a summons. In the case of a nonresident of the State, it authorizes the service of the summons to be made by publication for not less than six weeks, in a newspaper published in the county where the action is commenced. A copy of the summons must also be sent by mail, directed to the defendant at his place of residence, unless it be shown that the residence is not known and cannot be ascertained. It authorizes a judgment and execution to be obtained in such proceeding. Judgment in a suit commenced by one Mitchell in the Circuit Court of Multnomah County, where the summons was thus served, was obtained against Neff, the present plaintiff, and the land in question, situate in Multnomah County, was bought by the defendant Pennoyer at a sale upon the judgment in such suit. This court now holds that, by reason of the absence of a personal service of the summons on the defendant, the Circuit Court of Oregon had no jurisdiction, its judgment could not authorize the sale of land in said county, and, as a necessary result, a purchaser of land under it obtained no title; that, as to the former owner, it is a case of depriving a person of his property without due process of law. 3. In my opinion, this decision is at variance with the long established practice under the statutes of the States of this Union, is unsound in principle, and, I fear, may be disastrous in its effects. It tends to produce confusion in titles which have been obtained under similar statutes in existence for nearly a century; it invites litigation and strife, and overthrows a well settled rule of property. 4. The result of the authorities on the subject, and the sound conclusions to be drawn from the principles which should govern the decision, as I shall endeavor to show, are these:-- a. A sovereign State must necessarily have such control over the real and personal property actually being within its limits , as that it may subject the same to the payment of debts justly due to its citizens. 5
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CONFLICT OF LAWS | ATTY. LOUIE OGSIMER b. This result is not altered by the circumstance that the owner of the property is nonresident , and so absent from the State that legal process cannot be served upon him personally. c. Personal notice of a proceeding by which title to property is passed is not indispensable; it is competent to the State to authorize substituted service by publication or otherwise, as the commencement of a suit against nonresidents, the judgment in which will authorize the sale of property in such State. d. It belongs to the legislative power of the State to determine what shall be the modes and means proper to be adopted to give notice to an absent defendant of the commencement of a suit; and if they are such as are reasonably likely to communicate to him information of the proceeding against him, and are in good faith designed to give him such information, and an opportunity to
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  • Spring '18
  • Karaos
  • LOUIE OGSIMER

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