Case Brief Civ Pro personal jurisdiction constitutional requirement of notice Bauer 3 7 15 Identity of Case Mullane v Central Hanover Bank Trust Co 339 Y S 306 1950 Page 325 of the casebook Summary of Facts Procedural History Hanover runs a common trust fund and each year it has to by law judicially settle it Basically it goes to court says this is what we did with your money invites any beneficiary to object and if they don t they can t object and the year goes on Mullane was the attorney representing persons known who had not responded to the notice summons Hanover complied with the minimum requirement of the law publishing notice of service in the newspaper Mullane objects that this is insufficient notice and therefore unconstitutional under the 14 th amendment since property rights of the known and unknown beneficiaries are affected Statement of the Issue Does complying with the minimum under the law provide sufficient notice Holding For persons known no For persons unknown yes Reasoning The law can require whatever level of notice is reasonable so long as it is sufficient under the 14 th amendment to provide due process of law For persons known it is incredibly likely that the bank knows where they are has been sending them checks already and can easily send them a letter Although these letters are more expensive than publication they aren t unreasonable For persons unknown it is a bit unreasonable to ask the bank to track them down How can they find them if they don t even know who they are Publication is fine Evaluation
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