McClellan v. Cornwell’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are aware the doctrine is well settled, that, upon grounds of public policy, if not of necessity, the proceeding’s of these domestic tribunals will be favored and upheld, if, upon their inspection, it can be seen they have been in substantial compliance with the requirements of the rules of law. But we think they should, in each case, show, with such reasonable certainty, what was intended, that, without resorting to parol, or other evidence de hors the proceeding, we may be able to ascertain, with reasonable certainty, what was intended; and that a judgment rendered by a. Justice of the Peace, void upon its face, cannot be aided by reference to the proceedings or judgment in another suit. “This Court has held, that if a judgment be valid upon its face, it cannot be invalidated when it comes up collaterally, by parol or other proof, de hors the proceeding: [Witt v. Bussey], 10’ Humph. 208. And, if such proof cannot be resorted to in a collateral proceeding, to invalidate a judgment, which, upon its face, seems to be valid, much less, as we believe, can it be resorted to even in a proceeding of similar character, to make valid a judgment, which, upon its face, is null and void. And the principle would apply, with still greater force, where the question as to the validity of the judgment is placed directly in issue by the pleadings in the case, as in this case. “By the Act of 1835, under which.these proceedings were had, it is provided, among other things, ‘ That every Just”

   1 later decision quote this exact passage · from the majority
   e.g. 27 Tenn. App. 150 - Fleming v. Kemp