115 W. Va. 387 - Hibner v. Belcher’s Empirical Analysis
1934
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently July 1995
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on McCoy v. Allen · Cook v. Dorsey · Underwood Typewriter Co. v. Piggott · Taylor v. Belville
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The courts are not in entire accord on the right of appeal from a void judgment. 3 C.J., subject Appeal and Error, section 123. In this jurisdiction we have followed the majority rule and upheld the right. McCoy v. Allen, 16 W.Va. 724 ; Cook v. Dorsey, 38 W.Va. 196 , 18 S.E. 468 . We are supported generally by the writers on appellate procedure. Powell, Appellate Proceedings, pp. 264-5, says that reversal of void judgments upon appeal is `the better way, as being more direct and positive.' Elliot, Appellate Procedure, section 110, says, `It is a sacrifice of substance to a barren technicality to hold, as some courts do, that no (appellate) relief can be had against a void judgment.'”
1 later decision quote this exact passagee.g. State v. Cruikshank
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.