McCullar v. Conner’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Even admitting the irregularity of the decree for failing to set a date for hearing objections and to order the parties to show cause why the survey should not be made, the question is whether such failure here constitutes prejudicial error to reverse. We think that the proper remedy for testing the decree of the court appointing the surveyor [an interlocutory order and subject to alteration at any time before a final decree under this Court's decisions in Stansell v. Tharp , 245 Ala. 270 , 16 So.2d 857 (1944), and Tanner v. Dobbins , 251 Ala. 392 , 37 So.2d 520 (1948)] would have been to file a motion in court to set it aside and allow objections to be filed. The rulings on such motion, if adverse, would be subject to review in an appropriate manner. See State v. Woodroof , 253 Ala. 620 , 46 So.2d 553 (1950), and cases there cited.”

   1 later decision quote this exact passage
   e.g. 346 So. 2d 427 - Mobley v. Turner

2. “"We are not to be understood as condoning the appointment of a surveyor without affording notice and an opportunity to object as provided for by statute. Objection to such irregularities should not be made for the first time on appeal." McCullar v. Conner , 287 Ala. 455 , 461 , 252 So.2d 422 , 427 (1971).”

   1 later decision quote this exact passage
   e.g. 346 So. 2d 427 - Mobley v. Turner