Cannon v. Hemphill’s Empirical Analysis

Citation profile

57 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Having determined that this entry constitutes a judgment, and is not a’ mere unofficial agreement, the next inquiry is as to its rank or quality, whether it be interlocutory and entirely within the subsequent control of the court, or whether it be final in its nature, and conclusive on the rights of the parties, if not reversed in the ordinary processes of revision, prescribed by the law. “The character of the judgment must be tested by its operation on the objects sought to be attained by the proceeding. If the cause be determined on its merits, if the rights controverted between the parties be settled, the decree will be final, although ulterior proceedings to carry the judgment into effect may be required. The petition in the cause alleges that the complainants were the sole heirs of the deceased; and by averment they impeach a decree of the probate court in relation to a league of land, a portion of the estate of the deceased, and pray that the said decree be annulled, and the tract of land be surrendered to them,, and that they be paid the rents and profits accruing. “The matters in controversy were as to the illegality and fraud of the judgment of the county court, and the rights of the parties respectively to the land in question. “The decree, in terms, disposes of the rights of ■ the parties, in the land, and, in effect, and by- necessary intendment, annuls the decree of the probate court to the extent of its operation on this specific portion of the succession. “The”

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