Davis v. Rowland’s Empirical Analysis

Citation profile

3 federal appellate · 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The statement contained in the affidavit that “service cannot be had upon him within the state” is just the essential qualification lacking in the affidavit before us. This affidavit states that the said defendant is a nonresident of the state of Oklahoma, and is a resident of the state of Indiana, but it does not state nor is there any fact averred from which it can be inferred that personal service upon him could not have been made within the state. * * * ’ ””

   2 later decisions quote this exact passage
   e.g. Westbrook v. Dierks · Milroy v. McFerran

2. ““Before service can be made by publication, an affidavit must be filed stating that the plaintiff, with due diligence, is unable to make service of the summons within the State upon the defendant to be served by publication, and showing that the case is one of those mentioned in the preceding Section. When such affidavit is filed the party may proceed to make service by publication. * * * ””

   1 later decision quote this exact passage
   e.g. Westbrook v. Dierks

3. ““Where jurisdiction of the defendant in an action is sought to be obtained by publication service alone, the affidavit for publication, as well as the publication notice, are matters jurisdictional, and, in order to obtain jurisdiction of the defendant in such case, both the affidavit for publication and the publication notice must comply with the provisions of the statute.””

   1 later decision quote this exact passage
   e.g. Zipperle v. Smith