Forbes v. Hyde’s Empirical Analysis

Citation profile

1 federal appellate · 57 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is a marked distinction between an affidavit which presents some evidence on a vital point, but clearly of a character too unsatisfactory to justify an order for publication of summons based upon it, and an affidavit which presents no evidence at all tending to prove the essential fact. In the former case the judge might be satisfied upon very slender and inconclusive testimony; but, there being some appreciable evidence of a legal character which calls into action the judgment of the judge, he has jurisdiction to consider and pass upon it. He may be wholly and egregiously wrong in his conclusion upon the weight of the evidence, but he has jurisdiction to act upon it, and his action is simply erroneous. His order would, in such case, be reversed on appeal. But, as there was jurisdiction to act, until reversed, or attacked by some direct proceeding to annul it, the order and judgment based upon it would be valid. Such a judgment could not be collaterally attacked. If, however, there is a total want of evidence on any point necessary to be determined, upon which the law requires the inind of the judge to be satisfied as a prerequisite for granting an order of publication, then there is nothing upon which he is authorized to act. The evidence, which is the very basis of his jurisdiction and upon which it depends, is wanting, and his action is without authority. His action is not merely erroneous, for there was nothing to call into exercise the judicial mind. There is no j”

   1 later decision quote this exact passage
   e.g. Cohen v. Portland Lodge No. 142

2. ““Upon the discovery of the mistake, upon application and a proper showing promptly made to the conrt, and by order of the court, the mistake was corrected, and the answer, and consequently the appearance involved in the filing, was withdrawn. * * * The plaintiff was in no way injured.””

   1 later decision quote this exact passage
   e.g. First Nat. Bank of Danville v. Cunningham

3. “has a good cause of action in this suit against defendant and that he is a proper party defendant thereto, as he verily believes”

   1 later decision quote this exact passage
   e.g. Senior Loiza Corporation v. Vento Development Corporation