137 W. Va. 141 - Stephenson v. Ashburn’s Empirical Analysis
1952
Citation profile
49 state decisions
How this case has been cited
Cited by 49 later decisions — most recently October 2012 · most notably 211 W. Va. 549 - State Ex Rel. Dunlap v. Berger (2002), 228 W. Va. 646 - Brown Ex Rel. Brown v. Genesis Healthcare (2011)
49 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 130 W. Va. 166 - State v. Underwood · Lipscomb's Adm'r v. Condon · Jones v. Gallagher · 105 W. Va. 621 - Cameron v. Cameron · Stewart v. Stewart
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`a mistake in copying or writing; a mistake which naturally excludes any idea that its insertion was made in the exercise of any judgment or discretion, or in pursuance of any determination; an error made by a clerk in transcribing, or otherwise, which must be apparent on the face of the record, and capable of being corrected by reference to the record only.'”
4 later decisions quote this exact passage““As mentioned previously, a void judgment is no judgment at all, but a mere nullity and may be assailed in any court, anywhere, whenever, any claim is made or rights asserted under it. It neither binds nor bars anyone, and all proceedings under it are ineffectual to confer title, or afford protection to anyone. And no act of ratification can impart vitality to it. Its payment may be resisted by other creditors interested in the fund sought to be subjected, and who would be prejudiced thereby. “If the judgment is null, no action, on the part of the plaintiff, no inaction upon the part of the defendant, and no resulting equity in the hands of third persons, can invest it with any of the elements of power or vitality. A void judgment may be attacked either directly or collaterally. * * Statements to the same effect will be found in 49 C. J. S., Judgments, Section 421, and in 31 Am. Jur., Judgments, Sections 597 and 604. See also Code, 48-2-11; Stephenson v. Ashburn, decided this term, 137 W. Va. 141 , 70 S. E. 2d 585 ; Cable v. Cable, 132 W. Va. 620 , 53 S. E. 2d 637 .”
2 later decisions quote this exact passage“Where a defendant appears and demands a trial by jury, in a case wherein he is entitled to a jury, and such a trial is not later waived, a judgment entered against him by default is void, and may be attacked at any time, directly or collaterally.”
1 later decision quote this exact passage
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.