Auerbach v. Maynard’s Empirical Analysis

Citation profile

5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “, “Then, under section 69, Gen. St. Minn. 1878 (section 5209, Gen. St. 1894), from the time when, the service is thus complete ‘the court is deemed to have acquired jurisdiction, and to have control of all subsequent proceedings.’ If the party upon whom the service is being made dies before it is complete,— that is, before the required publications have been made, — the service cannot be completed, there being no person in being upon whom to make it; and whatever has been done short of complete service is of no avail, and the court acquires no jurisdiction through it.” Whereupon the learned justice adds: “Thus it appears that the court is without power or authority to take any action looking to the rendition of a personal judgment merely, without first attaining jurisdiction through the service of a summons upon the defendant. Aliter, from the time of the service of the summons, the court has control of all subsequent proceedings.””

   1 later decision quote this exact passage
   e.g. Connaway v. Overton