Bond v. Wilson’s Empirical Analysis

Citation profile

1 federal appellate · 21 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the systems of practice adopted in this country, the' safeguards being removed, it has become necessary to adapt the rule to the altered condition of the law. The sheriff not only executes original process by service upon the defendant personally, but by leaving a copy at his usual place of residence. The sheriff also determines whether a minor is over fourteen years of age, and serves accordingly. He also determines who is president, mayor, chairman, or chief officer of a board of directors; and also what is the usual place of business of a corporation, and who has charge thereof, and serves his process accordingly. Is his determination of such questions final ? Must the defendant suffer the judgment to stand in such cases, and resort to his remedy against the officer ? . . . We find upon examination that the courts have generally held the sheriff’s return on .mesne and final process conclusive between the parties and privies, though this is by no means a rule of universal application; but that in cases of original ;process there has been a general disposition to let in the truth. ... we know of no statute that makes a sheriff a final and exclusive judge of where a man’s residence is, or what is the age of a minor, or who are the officers of a corporation, or whore their place of business is; and when the statute made it the duty of the sheriff to ascertain these facts it did not make his return of such facts conclusive. Of his own acts his knowledge ought to he absolute”

   1 later decision quote this exact passage · from the majority
   e.g. Krutz v. Isaacs

2. ““We know of no statute that makes a sheriff a final and exclusive judge of where a man’s residence is, or what is the age of a minor, or who are the officers of a corporation, or where their place of business is; and when the statute made it the duty of the sheriff to ascertain these facts it did not make his return of such facts conclusive. Of his own acts his knowledge ought to be absolute, and himself officially responsible. Of such facts as are not in his special knowledge he must act from information, which will often come from interested parties, and his return thereof ought not to be held conclusive.” (p. 231.)”

   1 later decision quote this exact passage · from the majority
   e.g. Continental Supply Co. v. Whan