Faulk v. . Smith’s Empirical Analysis

Citation profile

1 federal appellate · 1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On the trial in the superior court, several causes are assigned in support of the motion to vacate, only one of which do we deem it necessary to notice— the insufficiency of the affidavit to warrant an order of publication, in that it fails to show that the defendant ‘cannot after due diligence be found within the state.’ This averment, or its essential equivalent, is a prerequisite of publica-: tion, the effect of which is to bring an absent debtor beforé the court and subject his property to condemnation and sale for his debt. As it is a statutory substitute for personal service of process, the requirement of the statute must' be strictly pursued. Everything necessary to dispense with personal service of the summons, says Bynum, J., in Wheeler v. Cobb, 75 N. C. 21 , ‘must appear by affidavit.’ ””

   1 later decision quote this exact passage
   e.g. Flint v. Coffin

2. ““The service of summons by publication is fatally defective, in that it does not conform to the requirements of the statute. The foundation and first step of service by publication, is an affidavit that the person upon whom the summons is to be served cannot, after due diligence, be found within the state.””

   1 later decision quote this exact passage
   e.g. Flint v. Coffin