Wedmore v. State’s Empirical Analysis

Citation profile

65 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When there is a lack of jurisdiction of the subject-matter in the trial court, the jurisdictional question may be raised at any time before final decision and in any manner and if not raised by a party it is our duty saa sponte to raise and determine it. State ex rel. Ayers v. Ewing, Judge (1952), 231 Ind. 1, 10 , 106 N. E. 2d 441 , and cases there cited. “Probate, in American law, is now a general name or term used to include all matters of which probate courts have jurisdiction. Black’s Law Dictionary, .p. 1428, Bouvier’s Law DictionaryRawles Third Revision, p. 2728; Johnson v. Harrison (1891), 47 Minn. 575 , 28 Am. St. Rep. 382 ; see also Ingraham v. Baum (1918), 136 Ark. 101 , 206 S. W. 67, 68 . “For many years it has been the law that: ‘Probate courts are creatures of the law whose basic jurisdiction is to administer justice in matters relating to decedents’ estates . . . The jurisdiction exercised by probate courts is commonly referred to as probate jurisdiction . . . Their jurisdiction is, of course, purely civil and in the settlement of estates it is primarily in rem. 21 C. J. S. — Courts, Secs. 298,300.’ “Being a creature of the legislature the St. Joseph Probate Court has such jurisdiction only as is granted by the statutes creating it, and such powers as are necessarily implied to enable it to function as a probate court. Fidelity & Casualty Co. v. State ex rel. Anderson (1933), 98 Ind. App. 485, 497 , 184 N. E. 916 , supra; State ex rel. Bradshaw v. Probate Court”

   1 later decision quote this exact passage
   e.g. 133 Ind. App. 204 - DEMMA v. Forbes Lumber Co.

2. ““ (a) The court, within and for that county, shall have original and concurrent jurisdiction with the circuit court in all civil cases, and jurisdiction concurrent with the circuit court in all cases of appeal from justices of the peace, boards of county commissioners, and mayors or city courts in civil cases, and all other appellate jurisdiction in civil causes now vested in, or which may hereafter be vested by law in, the circuit courts; and the court shall also have concurrent jurisdiction in all actions by or against executors, guardians or administrators, except claims against estates: Provided, however, That the superior court hereby constituted shall not have jurisdiction in matters of probate or the settlement of decedents’ estates. (b) The court and the judge thereof shall have and possess exclusive original juvenile jurisdiction within and for the county, including but not by way of limitation all the powers and duties now conferred on the juvenile courts and the judge thereof, and the court shall have exclusive jurisdiction in all matters relating to children, including juvenile delinquents, truants, neglected and dependent children, children petitioned for by the board of children’s guardians, and in all cases wherein custody and legal punishment of children is in question, and in all cases wherein persons are charged with contributing to or encouraging juvenile delinquency, and all such matters now pending in the juvenile court or circuit court, shall be transfer”

   1 later decision quote this exact passage
   e.g. Carpenter v. State