Pruden v. Keemer’s Empirical Analysis

Citation profile

3 federal appellate · 28 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The sole purpose of a processioning proceeding is to establish the true location of disputed boundary lines. Pruden v. Keemer, 262 N.C. 212 , 136 S.E. 2d 604 , and cases cited. ‘What constitutes the line, is a matter of law; where it is, is a matter of fact.’ McCanless v. Ballard, 222 N.C. 701, 703 , 24 S.E. 2d 525 ; Jenkins v. Trantham, 244 N.C. 422, 426 , 94 S.E. 2d 311 . The burden of proof rests upon the petitioner to establish the true location of a disputed boundary line. Plemmons v. Cutshall, 234 N.C. 506 , 67 S.E. 2d 501 ; McCanless v. Ballard, supra. ‘If the plaintiffs are unable to show by the greater weight of evidence the location of the true dividing line at a point more favorable to them than the line as contended by the defendants, the jury should answer the issue in accord with the contentions of the defendants.’ Cornelison v. Hammond, 225 N.C. 535 , 35 S.E. 2d 633 , and cases cited.””

   1 later decision quote this exact passage
   e.g. 2 N.C. App. 272 - Smothers v. Schlosser

2. “The basic question is whether the clerk had jurisdiction to enter the purported default judgment of August 1, 1961. If not, said purported judgment is absolutely void and must be treated as a nullity. Deans v. Deans, 241 N.C. 1, 9-10 , 84 S.E. 2d 321 , and cases cited. The clerk of the superior court has no common law or equitable jurisdiction. McCauley v. McCauley, 122 N.C. 288 , 30 S.E. 344 . The clerk is a court “of very limited jurisdiction — having only such jurisdiction as is given by statute.” Moore v. Moore, 224 N.C. 552, 555 , 31 S.E. 2d 690 , and cases cited; In re Dunn, 239 N.C. 378, 383 , 79 S.E. 2d 921 ; Deans v. Deans, supra. As stated by Seawell, J., in Johnston County v. Ellis, 226 N.C. 268 , 279, 38 S.E. 2d 31 : “The jurisdiction of the clerk of Superior Court is statutory and limited, and can be exercised only with strict observance of the statute.””

   1 later decision quote this exact passage
   e.g. Ridge Community Investors, Inc. v. Berry

3. “G.S. 38-3 provides that petitioner allege `facts sufficient to constitute the location of such line as claimed by him.' This provision requires that petitioner allege facts as to the location of the (disputed) line as claimed by him with sufficient definiteness that its location on the earth's surface may be determined from petitioner's description thereof.”

   1 later decision quote this exact passage
   e.g. 38 N.C. App. 742 - Beal v. Dellinger