Lea County State Bank v. McCaskey Register Co.’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Wjhere a party desiring to appeal has performed all of the acts required of him by the statute creating the right to transfer jurisdiction of the cause to the superi- or court, the appeal has been perfected. Some of the decisions declaring that the filing of the transcript of the proceedings in the lower court is essential to vest jurisdiction in the appellate court are based upon statutes so declaring or upon statutes which make it the duty of appellant to lodge the transcript in the superi- or court and his failing to do so is a jurisdictional defect. On the other hand, where the party desiring to appeal has been allowed an appeal and is thus in a position to rely upon the justice of the peace performing a statutory duty or his obedience to the orders of the district court to send up the transcript and the papers the appeal is deemed perfected. It will be observed that when appellant has done all that the law requires of him he has put the cause beyond the justice’s control.”

   2 later decisions quote this exact passage
   e.g. Stripling v. PMC Realtors, Inc. · State v. Gallegos

2. ““ * * * that the Court has no jurisdiction of the subject matter for the following reasons: “1. That such appeal has not been taken within the time prescribed by statute. “2. That no. transcript of the entries in the docket of the Justice of the Peace relating to the case was filed within the statutory period allowed for perfecting an appeal. “3. That the Order of the District Court, made on August 19, 1949, directing the Justice of the Peace to submit a transcript, was ineffective for lack of statutory authority. “4. That no bond in compliance with the statute in such case made has been filed with the Court, more particularly: “(a) That the purported appeal bond, executed on May 9, 1949, contains the following defects, among others: “(1) The general form thereof is that of a criminal appeal bond. “(2) It was not made in favor of the adverse party herein. “(3) It was not timely filed. “(4) It was approved by a Notary Public. “(b) That the order of the District Court, made on October 6, 1949, granting appellants leave to furnish another bond, was ineffective for lack of statutory authority, that the approval of such bond on October 6, 1949, is also ineffective, and said bond is invalid.””

   1 later decision quote this exact passage
   e.g. Sanchez v. Gonzales

3. ““Under some circumstances the party appealing might be adjudged guilty of negligence in failing to take proper steps to require the justice of the peace or the district clerk to perform their duties imposed upon them, when they had failed therein and this might furnish a sufficient reason to dismiss the case. But a dismissal under such circumstances would be for want of prosecution of the appeal with proper diligence and could not be justified on the ground that the district court was without jurisdiction to try the case.””

   1 later decision quote this exact passage
   e.g. Stripling v. PMC Realtors, Inc.