Collins v. Duff’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Collins raises some procedural objections to the judgment of the Perry Circuit Court. He maintains that, since the Duffs, as plaintiffs, did not themselves move for a summary judgment, but merely opposed his motion for such judgment, the court could not enter summary judgment for the plaintiffs. We do not agree. It is our opinion that in this kind of situation, where overruling the defendant’s motion for summary judgment nec essarily would require a determination that the plaintiffs were entitled to the relief asked, a motion for summary judgment by the plaintiffs would have been a useless formality. See Hennessey v. Federal Security Administrator, D.C., 88 F.Supp. 664 ; Hooker v. New York Life Ins. Co., D.C., 66 F.Supp. 313 ; 3 Moore’s Federal Practice, 1st Ed., sec. 56.02, p. 3183.””

   2 later decisions quote this exact passage
   e.g. Green v. Bourbon County Joint Planning Commission · Hay v. Hayes

2. “[a] lack of jurisdiction of the particular case, as dependent upon the existence of particular facts, may be waived.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Griffin · Kelly v. Commonwealth

3. “[W]here the jurisdiction of the court depends upon a fact which the court is required to ascertain, the court has jurisdiction to determine that jurisdictional fact, and its judgment determining that fact is conclusive on the question of jurisdiction until set aside or reversed by direct proceedings, and cannot be attacked collaterally.”

   1 later decision quote this exact passage
   e.g. Clements v. Harris