Service of Process and Constitutional Requirements for Notice Flashcards
1
Q
Case: Mullane v. Central Hanover Bank & Trust Co. 1950 **Reading this case to find if proper service was constitutional
A
Issue
The key issue before the Court was whether the statutory requirement of notice by publication to beneficiaries of a common trust fund, for the judicial settlement of accounts, satisfied the requirements of the Due Process Clause of the Fourteenth Amendment.
Holding
The Supreme Court held that the notice by publication as required by New York Banking Law was not sufficient to meet the requirements of the Due Process Clause of the Fourteenth Amendment for known beneficiaries whose addresses were known.
