Bailey v. Campbell’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Notice is a jurisdictional requirement and a fundamental element of due process. Due process requires adequate notice, a realistic opportunity to appear and the right to participate in a meaningful manner. The right to be heard is of little value unless a party is apprised of rights which may be affected by judicial process. Due process is violated by the mere act of exercising judicial power upon process not reasonably calculated to apprise interested parties of the pen-dency of an action. Lack of notice con stitutes a jurisdictional infirmity.... When the name and address of a party or attorney is readily available, notice is a prerequisite to valid proceedings.”

   1 later decision quote this exact passage
   e.g. Hagar v. Goodyear Tire and Rubber Co.

2. “(a) except as provided in subsection (b) of this section, a petition filed under section 310, 302, or 303 of this title ... operates as a stay, applicable to all entities, of— (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title....”

   1 later decision quote this exact passage
   e.g. Ex Parte Reichlyn

3. “[Djefault shall not be taken until a motion therefor has been filed in the case and five (5) days notice of the date of the hearing is mailed or delivered to the attorney of record for the party in default or to the party in default.... [N]otice of taking default is not required in [any garnishment proceeding] even if the defaulting party has made an appearance ....”

   1 later decision quote this exact passage
   e.g. Hagar v. Goodyear Tire and Rubber Co.