Legal notice

“ The fact of notice, and its reception in due time, are the only matters material to the drawer or indorser of a dishonoured bill; the manner or place in which he receives such notice is immaterial; for all the objects to be answered by its reception, it is equally available to them. To the holder it is immaterial whether the evidence of notice consists in the legal presumption arising from due diligence, which supplies the place of specific evidence, and is binding on a jury as proof of the fact of its reception ”

“ The object of notice or citation in all legal proceedings is to afford to parties having eparate or adverse interests an opportunity to be heard. It is not required for the protection of the applicant or suitor. ”

“ The conclusion of the American editor is that actual notice embraces all degrees and grades of evidence, from the most direct and positive proof to the slightest circumstances from which a jury would be warranted in inferring notice, while constructive notice is a legal inference from established facts, and, like other legal presumptions, does not admit of dispute. ”

“ Notes
↑ § 32 (a) (1) : 'That the person who has filed a notice of claim for return, in such form as the President or such officer or agency may prescribe, was the owner of such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian, or is the legal representative (whether or not appointed by a court in the United States) , or successor in interest by inheritance, devise, bequest, or operation of law, of such owner * * *.'↑ § 32 (a) (2) disqualifies: (A) the Governments of Germany, Japan, Bulgaria, Hungary and Rumania ”

“ While in the previous act of 1841 [5 Stat. at L. 440, chap. 9] and 1867, substituted service of notices by publication was provided for; in the present act it is actual notice that is required to be given. ”

“ It may, therefore, happen that some of the persons who are made liable will not have received actual notice, and the question is, whether personal service of process or actual notice to the party is essential to constitute due process of law. We have not been referred to any adjudication holding that no man's right of property can be affected by judicial proceedings unless he have personal notice. ”

“ Other provisions of the statute are to the effect that 'actual notice consists in express information of a fact;' that 'constructive notice is notice imputed to a person not having actual notice;' and that 'every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself.' Civil Code, §§ 2107-2109 ”

“ Objections of equal, perhaps of greater validity, would have been made had any other mode been employed; and therefore the notice through the post-office, which gave the opportunity to find it where the defendant was accustomed to receive his letters, was the most proper. The reasonableness of notice is a question to be decided by the Court-the time of giving notice and the place where, are questions of law. ”

“ Notice is sometimes essential so that the citizen has the chance to defend charges. Notice is required before property interests are disturbed, before assessments are made, before penalties are assessed. ”

“ Plaintiff in error bases a contention upon the difficulty of complying with the provisions of the statute with regard to giving notice. Written notice is as we have seen, necessary to be given of any default, and the time when the cancelation of the contract shall take effect, which must not be less than thirty days after the service ”

“ The objection and the decision of the court of appeals was that the order did not follow the statute, because the statute requires that notice shall be published in three daily papers for at least twenty days.
The respondents are concerned only as parties assessed for the betterment. As such they could not be mentioned by name in the notice, since by the statute the jury decides what land is benefited, as well as the sum with which it shall be charged. § 491g. It is necessary, of course, that due precautions should be taken to see that they get notice in fact. ”

“ After acquiring it, it was his duty, not as soon as possible to transmit information of it to the defendant, but to do it with reasonable promptness. He was not bound the first day or the next, necessarily. to give notice, but he was to give notice within a reasonable time; and it is for you to say, upon a consideration of all the circumstances of the case, whether he did, within a reasonable time after acquiring such knowledge, send the letter of May 23d. It might be reasonable under one state of facts; it might be unreasonable under another. ”

“ It follows that in a case where the method for giving the actual notice pointed out by the statute has not been resorted to, and, on the contrary, publication of notice was the basis of the jurisdiction of the court, and inquiry as to information conveyed by letter or by other means of knowledge of the pendency of the suit to a defendant, for the purpose of determining whether such defendant has a right to appear within the year and have the case opened to enable him to defend, is wholly immaterial. ”

“ Is the judgment binding on them? It is unquestionable, that summary proceedings of this description must be regular, and that their regularity must be shown by the party who relies on them. Notice to the creditors is material, and the law prescribes that notice and defines it. Advertisement in the papers is not sufficient. Personal notice must be given to a resident within the parish, by process; to a non-resident, by a letter from the notary. The law deems this notice indispensable, and the court cannot dispense with it. For want of it the judgment of discharge was no bar to this action. ”

“ Personal notice of a proceeding by which title to property is passed is not indispensable; it is competent to the State to authorize substituted service by publication or otherwise, as the commencement of a suit against non-residents, the judgment in which will authorize the sale of property in such State. ”

“ What, for example, does the rule that notice must in certain cases be served personally upon the indorser, or be left at his dwelling house or place of business, signify, if a jury may from any evidence, however remote from the fact, presume that the notice, though left at any other place, may have found its way to the hands of the person whom it was intended to charge? ”

“ Of course, in a published notice or summons, intended to reach absent or nonresident defendants, where the name is a principal means of identifying the person concerned, somewhat different considerations obtain. The general rule, in cases of constructive service of process by publication, tends to strictness. ”

“ We are not prepared to say, that in such a case, the parties entitled to notice were bound to be at their dwelling houses, or to have any person there at the time the notary called to receive notice, and consequently that their absence, and the closing of their houses ought to have excused the holder from taking other steps to communicate notice to them. ”

“ The use of the administrative method for these purposes, assuming due notice, proper opportunity to be heard, and that findings are based upon evidence, falls easily within the principle of the decisions sustaining similar procedure against objections under the due process clauses of the Fifth and Fourteenth Amendments. [11]
The statute provides for notice and hearing, and an award made without proper notice, or suitable opportunity to be heard, may be attacked and set aside as without validity. ”

“ It results that the court below did not err in refusing the instruction asked by the plaintiffs, but correctly held that the absence of the written notice required by the act of 1872 was fatal to their right to recover. The judgment is affirmed. ”

“ We do not suggest that the mere filing of a notice of appeal must be taken as adequate. Desirable practice indicates that explicit instead of implied application for an allowance should be made in order to avoid litigation. We hold, however, that there is discretion to treat the notice of appeal as such an application. ”

“ N. P. 276. In the case of Thornton v. Wynn, 1 Wheat. 183, this Court say: an acknowledgment of his liability, by the endorser of a bill or note, and knowledge of his discharge by the laches of the holder, will amount to a waiver of notice. ”

“ Where a person giving notice of opposition or an applicant sending a counter- statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the, costs of proceedings before him, and in default of such security being duly given, may treat the opposition or application, as the case may he, as abandoned.
(7) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks just. ”

“ Art. 1230. 'Where the defendant is absent from the state, or is a nonresident of the state, the clerk shall, upon the application of any party to the suit, his agent or attorney, address a notice to the defendant requiring him to appear and answer the plaintiff's petition at the time and place of holding of the court, naming such time and place. ”

“ When the plaintiff, his agent, or attorney, shall make oath in writing that he has good reason to and does answer believe that any person or corporation, to be named and within the county where the action is brought, has property of the defendant (describing the same) in his possession, if the officer cannot come at such property, he shall leave with such garnishee a copy of the order of attachment, with a written notice, that he appear in court at the return of the order of attachment, and answer as provided in section two hundred and eleven. ”

“ The person who enters suit for the ownership of the real property, or for the creation, declaration, modification, or extinction of any property right.' This provision is followed by nine other paragraphs, specifying particular cases in which a cautionary notice is authorized, none, however, or these paragraphs, having any relation to the case in hand. ”

“ Brief for Appellants 20. We decline to decide the merits of appellants' request for individualized notice to these employees, however, because the questions whether individual notice is required by § 630 and whether appellants' complaint can be read to request such notice for former employees, see Brief for Appellees 32, n. 24 (arguing that it cannot be so read) , are questions best addressed in the first instance by the District Court. ”

“ Notice directed to the residence or house of business of the party, is sufficient; the holder is not bound to show that notice is brought home, but only to employ the usual mode of conveyance; and the rules of diligence to which he is held, ought not to be such as will tend to clog the circulation of commercial or negotiable paper, by impairing the liability of those who have put it into circulation. ”

“ Before the assessment could be collected, or become effectual, the statute required that the tableau of assessments should be filed in the proper District Court of the State; that personal service of notice, with reasonable time to object, should be served on all owners who were known and within reach of process, and due advertisement made as to those who were unknown, or could not be found. ”

“ Proof of a direct or conditional promise to pay after a bill becomes due, or of a partial payment, or of an offer of a composition, or of an acknowledgment of his liability to pay the bill, has been held to be competent evidence to go to a jury, of a regular notice of the dishonor of a bill, and to warrant a jury in presuming that a regular notice had been given. ”

“ In case an adverse claim has attached to the land, due notice in accordance with rules of practice must be given all persons in interest, of time and place of submitting proof in support of the application to make such change. The adverse claimants will be entitled to the privilege of cross-questioning the applicants’ witnesses, and of offering counter proof. ”

“ A person aggrieved may bring suit, in which the Attorney General may be permitted to intervene. Thirty days' written notice before filing any such action must be given to the appropriate authorities of a State or subdivision the law of which prohibits the act complained of and which has established an authority which may grant relief therefrom. ”

“ Defendant in error did not give notice to plaintiff in error in time to comply with § 4539, Rev. Laws 1905, but did give such notice in time to comply with the amended act, if that be the applicable law. ”

“ It is true that Rule 77 (d) does not purport to attach any consequence to the failure of the clerk to give the prescribed notice; but we can think of no reason for requiring the notice if counsel in the cause are not entitled to rely upon the requirement that it be given. ”

“ We are therefore remitted to the principal question in dispute between these parties, namely, the sufficiency of the notice given to the plaintiff of the McClintic & Proctor suit. In this connection our attention is called to certain articles of the Texas Code, the first one of which (art. 1228, Sayles's Tex. Civ. Stat.) provides generally for the service of process by giving five days' notice, exclusive of the day of service and of the return day. ”

“ It is not reasonable to suppose that Congress intended to insist upon an idle form. Rather, we think that Congress intended to provide a method which would afford sufficient proof of service when receipt of the required written notice was not shown. ”

“ The notice must follow the coming into existence of the conditions. The time thereafter within which it shall be given is left, and from the nature of the matter must be left, to the discretion of the Secretary, and whether that discretion has been unreasonably exercised will depend upon the circumstances of each case. ”