Cline v. Niblo’s Empirical Analysis

Citation profile

128 state decisions

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 137 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This well-established doctrine, that a judgment beyond the court’s power is invalid, is not limited in its application to any particular kind of judgment nor is it peculiar to the judgments of any particular court. Irrespective of the character or dignity of the tribunal pronouncing the decision, whether of inferior, limited or superior general jurisdiction, it must confine its determination within the authority it possesses under the law and the case. If the court is exercising special statutory powers the measure of its authority is the statute itself, and a judgment in excess thereof is null and void and subject to collateral attack, a rule which finds frequent application in the case of probate judgments””

   1 later decision quote this exact passage · from the majority
   e.g. State Board of Insurance v. Betts

2. ““We think the authorities are conclusive that it can be attacked because void for lack of jurisdiction over the subject-matter, although its void character may not appear on the face of the record. (Citing authorities.) “The rule is stated in Ruling Case Law, supra, as follows: “ ‘Ordinarily an order of the probate court directing the sale of the homestead of a decedent is void if made during the minority of his children or while his widow is unmarried and has not abandoned the homestead nor acquired any other in her own right.’ “Corpus Juris declares:”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Little

3. “If the record shows that the questions whether or not the property was homestead, or that the debts involved were chargeable against a homestead, then these issues, other requisites being present, are foreclosed, except upon direct attack upon justiciable grounds. (Emphasis added)”

   1 later decision quote this exact passage · from the majority
   e.g. Mosley v. Ticor Title Insurance Co. of California