Sibert v. Thorp’s Empirical Analysis

Citation profile

1 district · 14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Great injustice and ruin to incorporated companies might be the consequence had the officer Hie undisputed power to select any person he might choose as the agent of a company sued, and serve the process upon him; that he was the agent must be held to he a fact open to the country. * * * Our statute authorizing service of process on an agent or conductor is an innovation upon the ancient practice, and no greater force and effect should be given to it than is absolutely necessary. When a party sues an incorporated company, whose president and whoso place of doing business is out of the county where suit is brought, and cause's his process to be served on one whom he chooses to consider the agent of the company, it is no hardship to require him to prove such person was the agent. We think, therefore, that the fact of agency could have been put in issue by plea in abatement of the writ, the defendants appearing for that purpose, only. By such practice no injustice can be done. If the issue is found against the company, and the fact of agency established, leave will always bo given to plead to the merits.””

   1 later decision quote this exact passage · from the majority
   e.g. Rubel v. Beaver Falls Cutlery Co.