Simon v. Craft
Citations
- 182 U.S. 427
- 21 S. Ct. 836
- 45 L. Ed. 1165
- 1901 U.S. LEXIS 1234
Syllabus
<p>The essential elements of due process of law are notice and opportunity to defend, and in determining whether such rights are denied, the court is governed by the substance of things and not by mere form.</p> <p>A person charged with being of unsound mind is not denied due process of law by being refused an opportunity to defend, when, in fact, actual notice was served upon him of the proceedings, and when, if he had chosen to do so, he was- at liberty to make such defences as he deemed advisable.</p> <p>The due process clause in the Fourteenth Amendment to the Constitution does not necessitate that the proceedings in a state court should be by a particular mode, but only that there shall be a regular course of proceedings, in which notice is given of the claim asserted, and an opportunity afforded to defend against it.</p> <p>This court accepts as conclusive the ruling of the Supreme Court of Alabama that the jury which passed upon the lunacy proceeding considered in this case was a lawful jury, that the petition was in compliance with the statute, and that the asserted omissions in the recitals in the verdict and order thereon were at best but mere irregularities which did not render void the order of the state court, appointing a guardian.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that due process requires judicial proceedings provide “full notice and an opportunity to defend”
- \The essential elements of due process of law are notice and opportunity to defend.\
- \The essential elements of due process of law are notice and opportunity to defend.\
- “The essential elements of due process of law are notice and opportunity to defend.”
Source: CourtListener parenthetical corpus (CC0).
Judges: White
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.