Griffin v. Proctor’s Empirical Analysis

Citation profile

100 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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that where a decree has been rendered which is void on the face of the record, the court rendering it possesses the inherent power, and should, on motion, vacate said decree. Johnson v. Johnson’s Adm’r, supra [ 40 Ala. 247 ]; Buchanan v. Thomason, supra [ 70 Ala. 401 ]; Chamblee et al. v. Cole, supra [ 128 Ala. 649 , 30 So. 630 ]; Sweeney et al. v. Tritsch, supra [ 151 Ala. 242 , 44 So. 184 ]; State ex rel. St. Peter’s M. Baptist Church v. Smith, Judge, supra [ 215 Ala. 449 , 111 So. 28 ], While as a general rule the court’s authority is limited to matters which appear on the face of the record, such limitation is not applicable in the event of the death of either party when the judgment or decree was rendered, Johnson v. Johnson’s Adm’r, supra; Buchanan v. Thomason, supra. In the Johnson case, it was said: ‘The true rule seems to be, that any court should, on a proper application, vacate any final order, decree, or judgment, at any time subsequent to its rendition, if the same is void on the face of the proceedings and record; but not where it appears to be void from facts dehors the record, except in the case of the death of either party to the suit or proceeding, at the time the judgment or decree is rendered, and in such other cases as may be authorized by long practice, or by statute.’ Campbell v. Beyers, supra [ 189 Ala. 307 , 66 So. 651 ]; Ex parte City Bank & Trust Co., supra [ 200 Ala. 440 , 76 So. 372 ].””

   2 later decisions quote this exact passage
   e.g. Robinson Co. v. Beck · 410 So. 2d 407 - Ex Parte Wilson Lumber Co., Inc.

2. ““There seems to be no conflict in our cases as to the proper mode of review where the trial court has refused to vacate the original decree. The remedy is by appeal. (Citations Omitted.) “The decree from which the appeal was taken in this case does not have the effect of reinstating the original cause. It merely declared the original decree null and void in so far as it affected the deceased respondent— cross-complainant, A. W. Woodham— and his estate. We are of the opinion, therefore, that appeal is the proper mode of review in this case. The petition for mandamus, therefore, need not be considered.” ( 244 Ala. at page 541 , 14 So.2d at page 119 )”

   1 later decision quote this exact passage
   e.g. Ex parte State Farm Mutual Automobile Insurance

3. ““It is well settled that where a decree has been rendered which is void on the face qf the record, the court rendering it possesses the inherent power, and should, on motion, vacate said decree.” “There seems to be no confl>t in our .cases as to the proper mode A review where the trial court has refused to vacate the original decree. The remedy is by appeal. [Italics supplied.]”

   1 later decision quote this exact passage
   e.g. Vaughan v. Vaughan