elementary and fundamental requirement (North Carolina) · Go Syfert
← North Carolina issues

elementary and fundamental requirement in North Carolina

13 North Carolina opinions name it 2 courts 1951–2024 1 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Mullane v. Central Hanover Bank & Trust Co.green
scotus · 1950 · cited in 12 North Carolina opinions naming this issue, 1951–2024
2 sentences

2009Co., 339 U.S. 306, 314 , 70 S.Ct. 652 , 94 L.Ed. 865 , 873 (1950) ("An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." (citations omitted)).

2009Co., 339 U.S. 306, 314 , 70 S.Ct. 652 , 94 L.Ed. 865 , 873 (1950) ("An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." (citations omitted)).

312
McLean v. McLeangreen
nc · 1951 · cited in 2 North Carolina opinions naming this issue, 1977–2024
2 sentences

2024“An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” McLean v. McLean, 233 N.C. 139, 146 (1951) (quoting Mullane v. Cent.

1977See also: Chadbourn, Inc. v. Katz, 285 N.C. 700 , 208 S.E. 2d 676 (1974); McLean v. McLean, 233 N.C. 139 , 63 S.E. 2d 138 *369 (1951); Huggins v. DeMent, 13 N.C.

22
Matter of Arendsgreen
ncctapp · 1988 · cited in 2 North Carolina opinions naming this issue, 2008–2008
2 sentences

2008Co., 339 U.S. 306, 314 , 70 S.Ct. 652, 657 , 94 L.Ed. 865 , 873 (1950) ("An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections."); see also In the Matter of Arends, 88 N.C.App. at 555 , 364 S.E.2d at 172 ("[T]he failure to serve [respondent-father] with notice of the neglect and dependency proceedings raises the question of whether the father has been deprived of

2008Co., 339 U.S. 306, 314 , 70 S.Ct. 652, 657 , 94 L.Ed. 865 , 873 (1950) ("An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections."); see also In the Matter of Arends, 88 N.C.App. at 555 , 364 S.E.2d at 172 ("[T]he failure to serve [respondent-father] with notice of the neglect and dependency proceedings raises the question of whether the father has been deprived of

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
City of Randleman v. Hinshaw green
nc · 1966
1 sentence

1988“An elementary and fundamental requirement of due process in any proceeding is notice reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” Randleman, supra, at 140 , 147 S.E. 2d at 905 , citing, Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 , 70 S.Ct. 652 , 94 L.Ed. 865 (1950).

11988–1988
Huggins v. Dement neutral
ncctapp · 1972
1 sentence

1977See also: Chadbourn, Inc. v. Katz, 285 N.C. 700 , 208 S.E. 2d 676 (1974); McLean v. McLean, 233 N.C. 139 , 63 S.E. 2d 138 *369 (1951); Huggins v. DeMent, 13 N.C.

11977–1977
Chadbourn, Inc. v. Katz green
nc · 1974
2 sentences

1977See also: Chadbourn, Inc. v. Katz, 285 N.C. 700 , 208 S.E. 2d 676 (1974); McLean v. McLean, 233 N.C. 139 , 63 S.E. 2d 138 *369 (1951); Huggins v. DeMent, 13 N.C.

1977See also: Chadbourn, Inc. v. Katz, 285 N.C. 700 , 208 S.E. 2d 676 (1974); McLean v. McLean, 233 N.C. 139 , 63 S.E. 2d 138 *369 (1951); Huggins v. DeMent, 13 N.C.

11977–1977
Collins v. North Carolina State Highway & Public Works Commission green
nc · 1953
2 sentences

1966Ed. 865 , said: “An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” In Collins v. Highway Commission, 237 N.C. 277 , 74 S.E. 2d 709 , this Court affirmed an order of the superior court judge which dismissed an appeal from a judgment of the clerk confirming the report of commissioners in a condemnation proceeding.

1966Ed. 865 , said: “An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” In Collins v. Highway Commission, 237 N.C. 277 , 74 S.E. 2d 709 , this Court affirmed an order of the superior court judge which dismissed an appeal from a judgment of the clerk confirming the report of commissioners in a condemnation proceeding.

11966–1966

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 7B-101 (4) NC § N.C. Gen. Stat. § 7B-1103 (4) NC § N.C. Gen. Stat. § 7B-1111 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 72 (1980–2025) TX 50 (1965–2023) CA 42 (1953–2026) IN 36 (1894–2023) NY 32 (1966–2026) LA 24 (1968–2024) IL 23 (1899–2025) MI 22 (1951–2026) PA 19 (1973–2023) MO 19 (1972–2024) MD 16 (1969–2024) OK 15 (1975–2011) CT 15 (1984–2023) NC 13 (1951–2024) NH 12 (1978–2023) NJ 12 (1971–2020) FL 12 (1981–2024) VA 11 (1978–2016) AZ 10 (1967–2021) GA 10 (1974–2003) AL 10 (1904–2025) MA 10 (1988–2026) WA 9 (1978–2018) KS 8 (1978–2005) CO 8 (1994–2011) OR 8 (1953–2020) SD 7 (1991–2015) NM 7 (1995–2020) WI 6 (1981–2020) VT 6 (1997–2020) HI 6 (1923–2022) UT 6 (1983–2020) DC 6 (1975–2003) MS 5 (1984–2016) TN 5 (1976–2015) MN 5 (1956–2018) AR 4 (2002–2018) RI 4 (1963–2011) IA 4 (1974–2016) WV 4 (1990–2019) MT 3 (1926–2007) ND 3 (1986–2014) KY 3 (1988–2021) NV 3 (1977–1998) AK 3 (1984–1994) ME 3 (1998–2007) ID 2 (1958–1986) NE 2 (1984–1988) SC 2 (2001–2005) DE 2 (2018–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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