Karr v. Stahl’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The same reason urged against the use of the writ of replevin for the purpose of testing the validity of judgments or process when they are voidable only seems to apply where they are void. As illustrated by this case, the ordinance in question had been in force and' acted upon for a long time as valid. The writ in question was duly issued in appropriate proceedings had under the ordinance. The officer was bound either to obey the writ or review the proceedings of the mayor and council of the city who had enacted the ordinance and the action of the police court issuing the writ, and at his peril decide the legality of the ordinance for himself. Such a rule would leave the validity of writs open to question to such an extent as, in a large measure, to defeat the object of the statute. We think the orderly administration of the law will' be better subserved if full effect be given to the language of the statute, by holding that the words ‘any order or judgment, . . . any tax, fine or amercement ... or any other mesne or final process’ (Gen. Stat. 1901, sec. 4611) were used advisedly and in their ordinary meaning, and not in the limited sense which results from the interpolation of the word ‘valid’ after the word ‘any’ — an interpretation that would destroy the manifest intent of the law and materially weaken its efficacy. Ample remedy has been given for testing the validity of any law, process or judgment without recourse to an action of replevin.” (p. 389.)”

   1 later decision quote this exact passage · from the majority
   e.g. Clemons v. Wilson