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← 68 NCAPP 491 - Lowder v. Doby

Lowder v. Doby’s Empirical Analysis

1984

Citation profile

8
cited by 8 later decisions
1
states following
July 1992
most recently cited

8 state decisions

Relationships

Relies on 43 N.C. App. 269 - Smith v. Independent Life Insurance · 68 N.C. App. 447 - Hudson v. All Star Mills, Inc. · Hall v. Shippers Express, Inc. · Flinn v. Laughinghouse · Coppedge v. Coppedge

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. “Plaintiffs suit alleging a failure to collect properly the funds owed to All Star Industries, Inc., is clearly a collateral attack on the receivership court’s jurisdiction; therefore, it is not proper and the trial court correctly dismissed the action. Even if plaintiff could have properly filed the action, the pleadings reveal two further bars to recovery. First, plaintiff is attempting to sue the federal bankruptcy trustees and their attorneys in state court. This they could not do. Secondly, plaintiff is attempting to bring an action for failure to prosecute an action to recover the debt when the public record clearly shows that an action to collect the alleged debt is now pending. Having determined that this action is an impermissible attack on the receivership court’s jurisdiction, we, therefore, hold that the trial court’s judgment must be and hereby is affirmed.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.