49 Tex. Civ. App. 366 - Wicker v. Jenkins’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This, however, is a special statutory proceeding, and must be substantially complied with in all its details. This substantial requirement is little less than a literal compliance. . . . While notice seems to be one of the purposes aimed at in the statutory provisions, it is not the only one, but the existence of the lien itself is made to depend upon complying with the terms of the statute.' The record is intended to be made sufficiently complete within itself as to accurately supply all of the information concerning the facts therein required to be placed of record, without imposing upon the inquirer the necessity of going elsewhere to supplement, or to verify, what is there incompletely shown. . . . It is true that two persons sometimes have identically the same initials and surnames. But when the true name of the plaintiff is given, the statute is literally complied with, and the diversity of identity is no fault of the creditor seeking to fix his lien. . . . We think the creditor should have seen to it that the correct name of the plaintiff in the suit was given in the abstract. Failing to do so, the record did not create a lien on the land in controversy.” Citing, Davis v. Steeps, 87 Wis. 472 , 23 L.R.A. 818 , 41 Am. St. Rep. 51 , 58 N. W. 769 ; and Johnson v. Hess, 126 Ind. 298 , 9 L.R.A. 471 , 25 N. E. 445 . See also Crouse v. Murphy, 140 Pa. 335 , 12 L.R.A. 58 , 23 Am. St. Rep. 232 , 21 Atl. 358 .”

   1 later decision quote this exact passage
   e.g. Schatz v. Kintyre Farmers Co-Operative Elevator Co.