Knox v. Beckford’s Empirical Analysis

Citation profile

3 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This position in my opinion is also untenable. That it was the intention of the Legislature that in all courts of record delivery should be made to the sheriff can readily be seen from the reading of section 18 of the Civil Practice Act, which pertains to the saving of the statute in courts not of record. “That section requires the delivery of the summons to an officer authorized to serve the same within the city or town wherein the person resides or the corporation is located. “The plaintiff concedes that the City Court of Albany is a court of record, and that section 17 of the Civil Practice Act applies. But he in effect proceeded under section 18 of the Civil Practice Act, and now asks for the benefits of section 17 to which I do not think he is entitled. “Plaintiff argues that delivery to the sheriff would have been an idle ceremony in this case, as the City Court would be without power to issue an order for substituted service upon the return of the sheriff. Section 29 of the Albany City Court A.ct does require ‘the return of a marshal, that proper and diligent effort has been made to serve the’ summons upon the defendant before an order for substituted service be made by this Court.’ But I cannot see how delivery to the sheriff would have prevented compliance -with section 29 of the City Court Act. In fact, the plaintiff could have delivered the summons to the sheriff, and such delivery, even if service was afterwards made by the marshal, would have had the same effect”

   1 later decision quote this exact passage
   e.g. 93 F. Supp. 164 - Nola Electric Co. v. Reilly