Sunday, October 14, 2012

Mullane v. Central Hanover Bank & Trust Co. (1950)


a.       Facts- Bank was trying to conduct an “accounting”, which would extinguish any claim against the bank for mishandling funds. They gave notice by way of newspaper ad
b.      When they previously conducted an accounting, they notified everyone by mail, not by newspaper
c.       Ct said that “chance alone” is NOT enough…maybe some people moved away from the newspaper’s reach, or maybe somebody won’t read the paper
d.      What is adequate notice?
                                                              i.      Actually trying to inform the party to litigation
                                                            ii.      “Reasonably calculated to apprise a party as to the pendency of an action”
                                                          iii.      Everyone who has an interest in the litigation should be notified
e.       Summons- directs the Δ to file an answer
f.       Complaint- states complaint and prayer for relief (what the Π wants)
g.      Due Process only requires that you send the notice, and the presumption that the post office sent it

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