2. In McDONALD v. MABEE, 243 U.S. 90, 92, 37 S.Ct. 343, 344, 61 L.Ed. 608, 60910...

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2. In McDONALD v. MABEE, 243 U.S. 90, 92, 37 S.Ct. 343, 344, 61 L.Ed. 608, 609–10

(1917), suit was brought against Mabee, a domiciliary of Texas, upon a promissory note.

Although his family was residing in the state, he had left Texas to establish a domicile elsewhere. Service was attempted through publication in a local newspaper once a week for four successive weeks after Mabee’s departure from the state. Mabee never appeared in the action. The United States Supreme Court, reversing the Texas Supreme Court, held that the Texas judgment was void under the Fourteenth Amendment: “To dispense with personal service the substitute that is most likely to reach the defendant is the least that ought to be required if substantial justice is to be done.” How does Mullaneaffect Mabee? Would service at the last and usual place of abode be reasonably calculated to succeed? Would publication in a local newspaper be sufficient if Mabee were still in Texas? What if Mabee had moved to a different part of Texas?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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