Porter v. Fine
Cases that cite this one
36 later published cases cite this decision. The 25 that cite it most often are listed here.
- Cockrill v. Cooper (8th Cir. 1898)
- State v. Lankford (Tenn. Crim. App. 2008)
- Cooper v. Hill (8th Cir. 1899)
- Rodgers v. North Louisiana Amusement & Gaming, L.L.C. (La. Ct. App. 2010)
- Bodkin v. Cook Inlet Region, Inc. (Alaska 2008)
- Irrigation Mart, Inc. v. Gray (La. Ct. App. 2007)
- McKoin v. State Farm Fire and Cas. Co. (La. Ct. App. 2002)
- In re Bem Estate (Mich. Ct. App. 2001)
- Sarro v. Maupin (Ill. App. Ct. 1970)
- People v. Drewniak (Ill. App. Ct. 1969)
- Coursey v. Greater Niles Township Publishing Corp. (Ill. 1968)
- People v. Felder (Ill. App. Ct. 1968)
- People v. Burks (Ill. App. Ct. 1967)
- In re the Estate of Thompson (New York Surrogate's Court 1936)
- Reese v. Chapman (Ohio Ct. App. 1936)
- Gahagan v. Whitney (Ill. App. Ct. 1933)
- Hodges v. Meriwether (8th Cir. 1932)
- Orth v. Mehlhouse (D. Minn. 1929)
- Larson v. State (Tex. Crim. App. 1925)
- Schubach v. Konshner (New York Supreme Court 1921)
- Davenport v. Hickson (4th Cir. 1919)
- McKinnon v. Morse (District Court, S.D. New York 1910)
- Emerson v. Gaither (Md. 1906)
- American Railroad v. Hernández (Supreme Court of Puerto Rico 1905)
- Todd v. Todd (Ohio Circuit Courts 1905)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In no instance can an amendment be allowed, where in effect it would be not merely to aid an informal description of the premises levied upon, though good in substance, but to give a new or different description thereof, and thereby, upon a pretext of an amendment, substitute a sufficient return for one wholly inoperative and void.
The return, standing alone, is essentially defective. The description of the premises is insufficient — the levy must show the location of the land levied upon with reasonable certainty; — the sheriff cannot resort to a presumption to supply evidence of a fact required to be shown by record evidence.
Judgment of the circuit court reversed, and the motion dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.