241 Mo. App. 701 - Majewski v. Bender’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question to be determined in the case at bar is whether or not the above mentioned doctrine of law, heretofore declared and applied by the courts of this state, has been superseded because of the enactment by the Legislature of the new Civil Code of Missouri, particularly Sections 31 and 61(5), supra, relied on by defendant herein. “It will be noted that the language of Section 31, cited by defendant, provides that the court ‘may allow’ any process, return, or proof of service thereof to be amended. “There is nothing in the record in the case at bar to show that the sheriff requested leave to be ‘allowed’ to amend his return, even though defendant has charged on the record that the sheriff’s return ‘was and is false.’ We must, therefore, take it that the sheriff has stood and still stands on his return as made and filed in the cause. Neither the sheriff nor the plaintiff is seeking to amend the sheriff’s return. On the contrary, it is the defendant who is seeking — not to have an ‘amendment’ to the return ‘allowed’ because of any ‘insufficiency,’ but to have the judgment based on said return set aside by the admission of evidence to contradict the return and nullify it on the ground that it is false. “We do not believe that the language used by the Legislature in Sections 31 and 61(5), supra, warrants or is open to the construction contended for by defendant. Defendant’s contention is not based upon any ‘insufficiency’ of the sheriff’s return. It is clearly based upon th”

   1 later decision quote this exact passage
   e.g. Texas-Western Co. v. Giesecke