McKinnon v. Fuller’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The printed record before us does not purport to contain any of the evidence except the alleged certificate of the clerk of the circuit court, and appellant relies wholly upon the recitals therein, and the presumption of regularity of official acts, to reverse the finding of the trial court. The law does not authorize nor direct the clerk to make a record of the matters recited in this so-called certificate, nor does it require the making or filing of any such certificate. Where there is no statutory authority for the making of a record or certificate by a public officer, a record or certificate of an officer is incompetent and inadmissable as evidence. Davis v. Davis, 24 S. D. 474, 124 N. W. 715 ; State v. Flagstad, 25 S. D. 337, 126 N. W. 585 ; Murray v. Johnson, 28 S. D. 571; 134 N. W. 206 . The certificate of the clerk of the circuit court was therefore incompetent to prove the fact of filing of the affidavit of publication and therefore would not sustain the inference drawn from its recitals.””

   1 later decision quote this exact passage
   e.g. Farmers State Bank of Riverton v. Investors Guaranty Corp.