United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wick v. Chelan Electric Co., 280 U.S. 108 (1929)

Wick v. Chelan Electric Company

No. 29

Argued November 1, 1929

Decided November 25, 1929

280 U.S. 108

Syllabus

1. Upon review of a decision of a state supreme court sustaining a service by publication on a nonresident landowner in a condemnation case as conformable to a state statute, and rejecting the landowner's contention that the period of time between service and the return day was too brief to satisfy the demands of due process under the Fourteenth Amendment, this Court accepts as binding upon it the state court's construction of the statute with respect to the time as of which service is complete and as to the manner of fixing the return day. P. 280 U. S. 110.

2. Eighteen days between service by publication and the return day held sufficient time under the due process clause, as applied to a nonresident defendant in a suit to condemn land. Id.

3. Description of property in petition in condemnation proceedings held adequate under the due process clause. P. 280 U. S. 111.

4. Where the validity of a state statute is challenged on the ground of its being repugnant to the due process clause of the Fourteenth

Page 280 U. S. 109

Amendment, but the contention of appellant are unsubstantial, this Court is without jurisdiction to entertain an appeal from the state court. P. 280 U. S. 111.

Appeal from 145 Wash. 129, 148 Wash. 479, dismissed.

Appeal from a judgment of the Supreme Court of Washington upholding the constitutionality of a statute providing for service by publication upon nonresident owners of land in condemnation proceedings.