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Mullane v. Cent. Hanover Bank & Trust Co.: Difference between revisions
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# Notice must reasonably convey the required information | # Notice must reasonably convey the required information | ||
# Notice must afford a reasonable time for those interested to make an appearance. | # Notice must afford a reasonable time for those interested to make an appearance. | ||
|links=https://supreme.justia.com/cases/federal/us/339/306/ | |||
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Latest revision as of 22:45, September 11, 2020
Mullane v. Cent. Hanover Bank & Trust Co. | |
Court | |
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Citation | |
Date decided |
Facts
Hanover Bank was the trustee of a fund. The fund was owned by many beneficiaries. The Bank wanted to judicially settle the fund accounts. The NY Banking Law dictated that service was fulfilled by announcing the settlement in a newspaper, every week, for three weeks.
Issues
Does the newspaper announcement really satisfy due process?
Holding
the NY Banking Law is incompatible with the 14th amendment requirement of due process.
Judgment
Reversed.
Reasons
The court put forth a reasonableness test for notice to potential participants of a court action who are not in the state. This case doesn't pass that test.
Comments
The reasonableness test is:
- The notice must be reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
- Notice must reasonably convey the required information
- Notice must afford a reasonable time for those interested to make an appearance.