Grannis v. Ordean
234 U.S. 385 · Supreme Court of the United States · 1914
Facts
John McKinley owned an undivided fifth part of certain lands in St. Louis County, Minnesota. Albert B. Geilfuss, Assignee, held a judgment lien of $2,854.02 against McKinley's interest in these lands, docketed January 5, 1894. George A. Elder initiated a partition suit in St. Louis County to divide or sell the lands, naming various owners and lienholders as defendants, including McKinley. Geilfuss, residing in Milwaukee, Wisconsin, was not personally served in the partition action. The summons for the partition suit named "Albert Guilfuss, Assignee" and "Albert B. Guilfuss" as defendants, instead of "Albert B. Geilfuss, Assignee." Service was attempted by publication and mailing to the misspelled names at Milwaukee, Wisconsin, otherwise complying with statutory provisions for non-residents. A judgment was entered in the partition suit, leading to a sale from which the present defendants in error eventually acquired interests. Later, the Geilfuss judgment was assigned, and McKinley's remaining interest was sold under execution, eventually acquired by the present plaintiff in error.
Procedural history
The defendants in error initiated the current action to determine adverse claims to the lands. The trial court ruled that the partition suit lacked jurisdiction over Geilfuss's lien, favoring the present plaintiff in error. The Minnesota Supreme Court reversed this decision, upholding the validity of the notice in the partition suit despite the misnomer. The case then came before the U.S. Supreme Court on a writ of error to review the federal due process question.
Issue
The legal question is whether the Minnesota Supreme Court's decision, which upheld the partition suit decree despite the misnomer of Albert B. Geilfuss, Assignee, in the summons, deprived the plaintiff in error of property without due process of law under the Fourteenth Amendment. Specifically, it asks if service by publication and mailing to "Albert Guilfuss, Assignee" constituted due process of law for Albert B. Geilfuss, Assignee, who did not appear.
Holding
The Court held that there was due process of law in the partition suit. Therefore, the judgment of the Minnesota Supreme Court, which gave effect to the partition decree, was affirmed.
Rule
Due process requires an opportunity to be heard, and states have jurisdiction to determine rights in land within their borders for non-residents via constructive notice. The Fourteenth Amendment's due process clause does not demand ideal accuracy in naming for constructive service in actions quasi in rem. The practical test for a misnomer is whether the notice, despite the error, would likely reach the intended party and convey its purpose. This includes considering the likelihood of postal delivery and whether a reasonable person would understand the notice was for them, given the name's resemblance and other identifiers. A party receiving such notice cannot safely ignore it due to a misnomer.
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