Jacob v. Roberts
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE. OP CALIFORNIA. The facts, which involve the question of whether due process of law was afforded by substituted service of process under the statutes of California, are stated in the opinion. The judgment was rendered in a proceeding, and constituted a proceeding, wherein the only service of process made, or attempted to be made, was substituted or constructive.
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ERROR TO THE SUPREME COURT OP THE STATE. OP CALIFORNIA. The facts, which involve the question of whether due process of law was afforded by substituted service of process under the statutes of California, are stated in the opinion. The judgment was rendered in a proceeding, and constituted a proceeding, wherein the only service of process made, or attempted to be made, was substituted or constructive. Such service did not give reasonable and adequate opportunity of being heard therein, prior to the rendition of such judgment. It therefore did not constitute due process of law, and such…
1Opinion of the CourtJustice McKenna
The question involved is whether a judgment quieting title to a piece of land in California against plaintiffs in error upon substituted process of the publication of the summons under the statutes of that State constitutes due process of law under the Fourteenth Amendment to the Constitution of the United States. .
The judgment was rendered in 1897, and eight years afterwards the entry of judgment was set aside by the trial court upon petition of plaintiffs in error on the ground that the facts set out in the affidavit for the order of publication did not show the due diligence required by…
2Cases cited2 opinions
- Simon v. CraftSupreme Court of the United States · 1901
- Ballard v. HunterSupreme Court of the United States · 1907
3Cited by43 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Grannis v. OrdeanSupreme Court of the United States · 1914
- Security Savings Bank v. CaliforniaSupreme Court of the United States · 1923
- McDaniel v. McElvySupreme Court of Florida · 1926
- Mundo v. FústerSupreme Court of Puerto Rico · 1963
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