Sgitcovich v. Sgitcovich’s Empirical Analysis

Citation profile

68 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The general rule is that the legislature in its discretion may prescribe what notice shall be given to a defendant in a suit, subject to the condition that the notice prescribed must conform to the requirement of due process of law. The requirement of due process of law is met if the notice prescribed affords the party a fair opportunity to appear and defend his interests.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re AY · In Re AB

2. ““. . .If personal service can be effected by the exercise of reasonable diligence, substituted service is not to be resorted to. As applied to resident defendants whose existence, names, and places of abode are known, service by publication is not sufficient to constitute due process of law. . “ ‘. . . To dispense with personal service, the substitute that is most likely to reach the defendant is the least that ought to be required if substantial justice is to be done.’ . “Before the trial court rendered judgment in this cause he heard testimony regarding the ‘reasonably effective (service) to give the defendant notice of the suit.’ “From all the above evidence heard by the trial court prior to his rendering judgment in this cause, the manner of service of citation in this suit was ‘reasonably effective to give the defendant notice of the suit,’ and the opportunity to appear and defend same. Therefore, it did not violate the ‘due process’ clause of the Federal Constitution, Amend. 14.””

   1 later decision quote this exact passage · from the majority
   e.g. Pfeffer v. Shaddock

3. ““In providing for substituted or constructive service on individuals, a statute must incorporate provisions reasonably designed to give the defendant notice of the initiation of litigation against him or a reasonable method of imparting such notice, otherwise it is not consistent with the requirements of due process of law. To dispense with personal service, the substitute that is most likely to reach the defendant is the least that ought to be required if substantial justice is to be done.” See, Forney v. Jorrie, 511 S.W.2d 379 (Tex.Civ.App.—San Antonio 1974, writ ref’d n. r. e.).”

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