Allen v. Garnett’s Empirical Analysis
100 F.2d 555 · 1938
Citation profile
3 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 6 later decisions — most recently December 1995
3 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Northern Pacific Railway Company v. Jacob Slaght · Stolfa v. Gaines · Meshek v. Cordes · Divide Creek Irr. Dist. v. Hollingsworth · Vinson v. Graham
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A judgment sustaining a demurrer and dismissing the action does not preclude a subsequent suit upon the same cause of action where the demurrer raised only formal or technical defects of pleadings, or a lack of jurisdiction, or a misjoinder of parties, or some other cognate imperfection. But the demurrer filed in the state court was not confined to questions of that kind. It went to the very right to recover upon the cause of action stated. It is well settled that a judgment sustaining a demurrer which goes to the merits of the cause is equally as binding and conclusive in a subsequent suit as one rendered upon proof.”
1 later decision quote this exact passage · from the majority“And the burden rests upon a plaintiff to bring himself within the ambit of the statute.”
1 later decision quote this exact passage · from the majoritye.g. Ciszkowski v. Rector
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.