Johnson v. Bryars’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When a final judgment is rendered and a bench note made of it, but it is not extended on the minutes it is not then an authentic record of the judgment of the court. But by a proceeding nunc pro tunc under section 567, Title 7, Code, conducted within three years thereafter, it may be ordered written up on the minutes and when this is done it relates back to the date of its rendition. Without such a proceeding, the entry of a judgment on the minutes by the clerk pursuant alone to the authority of the bench notes must be done within term time. Wynn v. McCraney, 156 Ala. 630 , 46 So. 854 ; Campbell v. Beyers, 189 Ala. 307 , 66 So. 651 ; Ex parte Brandon, 243 Ala. 610 , 11 So.2d 561 ; Ex parte Alphonse, 261 Ala. 177 , 73 So.2d 727 . Term time now means thirty days after the rendition of the judgment. Section 119, Title 13, Code; Kolb v. Swann Chemical Corp., 245 Ala. 438 , 17 So.2d 402 ; Pate v. State, 244 Ala. 396 , 14 So.2d 251 ; Ex parte Brandon, supra; Sisson v. Leonard, 243 Ala. 546 , 11 So.2d 144 . * * * * * * “It is said in many of our cases that an appeal does not prevent the trial court from perfecting its record for use on appeal and that court alone has such authority. See, Nolan v. Moore, 254 Ala. 74 , 46 So.2d 825 ; Home Ins. Co. v. Shriner, 235 Ala. 65 , 177 So. 897 ; Pappot v. Howard, 154 Ala. 306 , 45 So. 581 . That was not done in this case. “The transcript as certified by the clerk does not show an authentic judgment on the demurrer of plaintiff to the pleas, o”

   1 later decision quote this exact passage · from the majority
   e.g. Jones v. Muse