Proctor v. Dicklow’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 33 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In this state probate courts are given complete jurisdiction of all matters connected with the settlement of the estates of deceased persons, and specific authority is conferred upon thein to settle the accounts of administrators and to order the distribution of estates. (G. S. 1889, 2116, 2952.) Provision is also made for taking an appeal from an order of the court making distribution of an estate. That court having jurisdiction to make distribution of the estate, it follows as a necessary incident to the jurisdiction that it can determine who is entitled to the funds, and all questions necessary to a proper distribution of the estate. The jurisdiction being ample, it must be held that Joseph Dicklow has had his day in court, and that the adjudication there made is binding upon him as against a collateral attack..... “Although the estate was unsettled, the plaintiff undertook to wrest the matter from the jurisdiction of the probate court at a time when that court had ample jurisdiction over the administratrix and the estate, and to have determined the questions which he undertook to raise by his proceeding in the district court. . . . “It is true that the district court has jurisdiction of some matters relating to the estates of deceased persons, but it is an equitable jurisdiction, not to be exercised when the plaintiff has a plain and adequate remedy by an ordinary proceeding in a tribunal especially provided by statute, and it is a well-established rule that, in cases wh”

   1 later decision quote this exact passage
   e.g. Correll v. Vance

2. ““Although he had legal notice of the final settle ment and distribution, he ignored the probate court, and without appearance or objection allowed the final settlement to be made, the estate distributed, and the final decree entered discharging the administratrix and releasing the sureties on the bond from further liability. . . '. The final settlement and closing up of an estate is a judicial determination to which all interested are summoned, and by which all having a day in court are concluded. . . . The plaintiff, with legal notice and actual knowledge that a settlement and distribution were about to be made, could not safely ignore the proceedings in the probate court. The matters of which.he complains have been finally determined in that court, and he is bound by the adjudication.””

   1 later decision quote this exact passage
   e.g. Scruggs v. Scruggs

3. ““The final settlement and .closing up of an estate is a judicial determination to which all interested are summoned, and by which all having a day in court are concluded. (Mu sick v. Beebe, Adm’r, 17 Kan. 47 .) It is in the nature of a final judgment that the estate is fully administered, intended as a protection for the administrator and his sureties, and is ordinarily conclusive and final, unless vacated by appeal, impeached for fraud, or set aside by direct proceedings brought for that purpose.” (Proctor v. Dicklow, 57 Kan. 119, 125 , 45 Pac. 86 .)”

   1 later decision quote this exact passage
   e.g. Lewis v. Woodrum