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← 317 Ill. 362 - Marnik v. Cusack

Marnik v. Cusack’s Empirical Analysis

1925

Citation profile

42
cited by 42 later decisions
1
states following
November 1998
most recently cited

40 state decisions

How this case has been cited

Cited by 42 later decisions — most recently November 1998 · most notably 18 Ill. App. 3d 560 - Ingram v. MFA Insurance (1974), 93 Ill. 2d 450 - In Re Jafree (1982)

40 state decisions

12019251930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Owens v. Ranstead · Davis v. Dresback

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

  1. ““The stability of judicial proceedings, however, requires that the return of an officer made in the due course of his official duty and under the sanction of his official oath should not be set aside merely upon the uncorroborated testimony of the person on whom the process has been served but only upon clear and satisfactory evidence. * * * The testimony of Larsen and Kruckstein [the two deputy sheriffs] amounts to nothing, either to assist or impeach the service. Neither has any recollection but both rely upon their written memoranda. We must do the same, and the well established rule is that the return showing service cannot be overcome by the uncorroborated testimony of the defendant. The failure of the officer making the return to remember the service is not such clear and satisfactory proof that service was not made as to impeach the return.” (Emphasis added.)”
    1 later decision quote this exact passage · from the majority
  2. ““The stability of judicial proceedings, however, requires that the return of an officer made in the due course of his official duty and under the sanction of his official oath, should not be set aside merely upon the uncorroborated testimony of the person on whom the process has been served, but only upon clear and satisfactory evidence. . . . The only question necessary for our determination is whether the return has been impeached by such clear and satisfactory evidence as to show that the summons was not served on the plaintiff in error.””
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.