Scales v. Wren’s Empirical Analysis
1910
Citation profile
67 state decisions
How this case has been cited
Cited by 67 later decisions — most recently April 1977 · most notably Ranger Insurance Co. v. Rogers (1975), Bomar v. Runge (1920)
67 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.
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is not easy to overcome a judgment upon, collateral attack, for the reason that every question that could have been determined in the case is presumed to have been correctly determined in the former judgment and has become-res adjudieata. But the question in the instant case is, Have you got the proper parties ? The-statute authorizes a suit against the ‘unknown owner’ of the land and not against an owner who is known and whose name and residence could have been discovered upon proper inquiry. Hence a judgment against the unknown owner does not conclude the title of one who is known or can be known. No one can doubt that the judgment is conclusive as between the state and the unknown owner; but here we have a case in which the owner was known or could' have been known by the slightest diligence. The known owner is entitled to his day in court and to be heard on defense of his rights. He-is entitled to service of citation if he be within the jurisdiction of the court. Not having been, served with process and being within the jurisdiction of the court, and not being an unknown, owner, he was not a party to the proceedings and we fail to see how he can be concluded by the judgment.”
1 later decision quote this exact passage · from the majority“The county collector, county clerk and county assessor shall furnish all affidavits, certified copies of the records of their respective offices, and such other evidence as may be in their possession by virtue of such office as may be applied for by the county attorney.”
1 later decision quote this exact passage · from the majority“Now, it is plain that, if the county attorney had called upon these officers, as it was his duty to do, the county clerk would have furnished him information which would have apprised him that the owner of the land was not unknown.”
1 later decision quote this exact passage · from the majority
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.