Kerr v. . Mount’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 29 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Conceding it [the writ] to have been issued by proper authority in respect to jurisdiction, still, it having been set aside as irregular, it afforded no justification afterwards for acts previously done under it by the jiarty in whose favor it was issued. If issued by competent authority and regular upon its face, it might afford protection to the officer for his acts previously done under it, but none whatever to lire party. As to him, it was then as though no process whatever had been issued, and the goods had been taken and detained by his order without any process. Tlie .moment it was set aside the party became a trespasser ab initio.” Chapman v. Dyett, 11 Wend. 31 -33; Otis v. Jones, 21 Wend. 394 ; Hanmer v. Wilsey, 17 Wend. 91 ; Higgins v. Whitney, 24 Wend. 379 ; Lyon v. Yates, 52 Barb. 243 ; Webb v. Bailey, 54 N. Y. 166 .”

   1 later decision quote this exact passage
   e.g. Bryan v. Congdon