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← 234 N.C. 419 - Dellinger v. Clark

Dellinger v. Clark’s Empirical Analysis

1951

Citation profile

30
cited by 30 later decisions
2
states following
December 2017
most recently cited

30 state decisions

How this case has been cited

Cited by 30 later decisions — most recently December 2017 · most notably Burgess Ex Rel. Burgess v. Gibbs (1964), Cheape v. Town of Chapel Hill (1987)

30 state decisions

1501951196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Patterson v. Patterson · Williamson v. . Spivey · Graham v. Floyd · Henderson County v. Johnson · Bisanar v. . Suttlemyre

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

  1. “"... [W]here the trial court has acted in a matter, every presumption not inconsistent with the record will be indulged in favor of jurisdiction. ..." Nothing else appearing, we apply "the prima facie presumption of rightful jurisdiction which arises from the fact that a court of general jurisdiction has acted in the matter." As a result, "[t]he burden is on the party asserting want of jurisdiction to show such want." ... [Given] the presumption of regularity that attaches to the trial court's decision to exercise jurisdiction, the Court of Appeals had no basis to conclude that the petition was not properly verified.”
    2 later decisions quote this exact passage
  2. “If a court finds at any stage of the proceedings that it is without jurisdiction, it is its duty to take proper notice of the defect, and stay, quash or dismiss the suit. The Superior Court is a court of general state-wide jurisdiction. N.C. Constitution, Article IV § 2 [.] Plaintiffs are entitled to call to their aid the ... prima facie presumption of rightful jurisdiction which arises from the fact that a court of general jurisdiction has acted in the matter. ... " The burden is on the party asserting want of jurisdiction to show such want. "”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.