Smith v. Henry’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““G. S. 1935, 60-3210, requires that notice to adverse parties of application to revive an action or a dormant judgment be signed and issued by the clerk of the district court, under seal of the court. “Record examined in action to revive a personal judgment for money, against the estate of the judgment debtor, deceased, and in which the notice of the application for revivor was signed and delivered to the sheriff by attorney for the judgment creditor instead of by the clerk, and held, under rule stated in paragraph two above, the trial court erred in overruling the motion to quash the service and in entering an order reviving the judgment.” (Syl. Hit 2, 3.)”

   1 later decision quote this exact passage · from the majority
   e.g. Peoples State Bank v. Parr

2. ““If the order is made for the revivor upon the death of any plaintiff in the names of his representatives or successors to whom his right has passed, or by the consent of the parties in the case of the death of' a defendant, the action shall forthwith, stand revived without notice; and, if not made by consent in the case of the death of a defendant, notice of the application for such order shall be served in the same manner and returned at the same time as a summons,' upon the party adverse to the one making the motion; and if sufficient cause be not shown against the revivor, the order shall be made.””

   1 later decision quote this exact passage · from the majority
   e.g. National Supply Co. v. Dunn

3. ““We conclude that the proper procedure under the statute is to have the notice of the application for revivor issued by the clerk as a summons would be issued and delivered to the sheriff and served as prescribed by G. S. 1935, 60-3210. We have no occasion now to determine whether certain defects of that procedure would defeat the court’s jurisdiction to make an order, but when a service is not made in conformity to this procedure we decline to hold the trial court erred in quashing the service upon a prompt and direct attack.” (p. 287.)”

   1 later decision quote this exact passage · from the majority
   e.g. Peoples State Bank v. Parr