Cruzen v. Stephens’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The object of giving notice by publication is to advise the parties, to whom the notice is directed, of the proceedings mentioned. “If the notice effectively does that, it should be held sufficient against any collateral attack. “Judge Vanfleet thus summarizes the rule deducible from principle and well-considered cases: ‘That the omission of the name of a defendant from the process makes the judgment void in respect to him, is plain; but, where he is so described that he would not be misled, it is not void.’ (Vanfleet’s Collateral Attack, §§ 356, 361.) “It certainly seems to accord with just principles of law and of common sense that where the notice names the parties defendant with sufficient definiteness to plainly indicáte their identity, it should be held good and not void, when questioned in this collateral way. “Here the notice in effect was directed to Etta R. Fisher and Mr. Fisher, her husband. It would have been practically no more informative of the identity of John Fisher, her husband, had the blank in the order and in the petition in that case been filled with his first name.” (Page 345.)”

   1 later decision quote this exact passage
   e.g. Doyle v. Hays Land & Investment Co.