Mintz v. . Frink’s Empirical Analysis

Citation profile

24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(3) Section 481 of Consolidated Statutes of 1919 [later G.S. 1096] provides that "a failure to keep up the chain of summonses issued against a party, not served, by means of an alias or pluries summons, is a discontinuance as to such party; and if a summons is served after a break in the chain, it is a new action as to such party, begun when the summons was issued." See Hatch v. Alamance R. Co., supra ; Neely v. Minus, 196 N.C. 345 , 145 S.E. 771 . In the case in hand the service of summons being invalid and an alias as required by statute not having been issued, nothing else appearing, the action was discontinued at the expiration of ninety days next after the issuance of the original summons. The order of Harris, J., that the clerk issue an alias summons is merely directory, and does not and cannot have the effect of suspending the provisions of the statute. Likewise, after the expiration of period provided in the statute within which an alias summons can and must be issued, Stevens, J., was without authority to order an alias summons issued. Therefore, at September Term, 1939, upon the finding that the summons issued January 12, 1939, was not in fact an alias summons, nothing else appearing, a discontinuance of the action as originally instituted should have been decreed.”

   1 later decision quote this exact passage
   e.g. 40 N.C. App. 522 - Lackey v. Cook