McHenry v. Hubbard’s Empirical Analysis

Citation profile

2 district · 20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Since, . . . , the action of forcible entry and detainer is -a special statutory proceeding, summary in its nature,-and in derogation of the common law, it follows that the statute conferring jurisdiction must be strictly pursued in the method of procedure prescribed 'by it, or the jurisdiction will fail to attach, and the proceeding will be coram non judice and void, unless the defects in procedure may be, and are, waived. There is no presumption in favor of the record. It must appear that the statutory remedy was strictly pursued and the facts which give jurisdiction must appear affirmatively on the face of the record, otherwise the proceedings will be not merely voidable, but absolutely void, as being, coram non judice.””

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

2. ““Judgments either before a justice or in the district court, in actions brought under this article, shall not be a bar to any after action brought by either party.””

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