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← 111 KAN 588 - State v. Avery

State v. Avery’s Empirical Analysis

1922

Citation profile

61
cited by 61 later decisions
15
states following
December 2020
most recently cited

58 state decisions

How this case has been cited

Cited by 61 later decisions — most recently December 2020 · most notably 31 Cal. 2d 801 - In Re Trombley (1948), Steffes v. City of Lawrence (2007)

58 state decisions — followed in 15 states

12019221930194019501960197019801990200020102020decided

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 Saylors v. State Bank · State v. Brown · 17 Ga. App. 811 - Neidlinger v. State · Commonwealth v. McCall · McQuagge v. State

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

  1. “* * * The worthless check must be willfully drawn, knowing at the time there are no funds on deposit to meet it. Beyond that, the legislature may, for protection of the public interest, require persons to act at their peril, and may punish the doing of a forbidden act without regard to the knowledge, intention, motive, or moral turpitude of the doer. *”
    4 later decisions quote this exact passage · from the majority
  2. “"It shall be unlawful for any person, corporation, or partnership, to draw, make, utter, issue or deliver to another any check or draft on any bank or depository for the payment of money or its equivalent, knowing, at the time of the making, drawing, uttering or delivery of any such check or draft as aforesaid that he has no funds on deposit in or credits with such bank or depository with which to pay such check or draft upon presentation." (Emphasis added.)”
    3 later decisions quote this exact passage · from the majority
  3. ““It shall be unlawful for any person, corporation, or partnership, to draw, make, utter, issue or deliver to another any check or draft on any bank or depository for the payment of money or its equivalent, knowing, at the time of the making, drawing, uttering or delivery of any such check or draft as aforesaid that he has ho funds on deposit in or credits with such bank or depository with which to pay such check or draft upon presentation.” (R. 8. 21-554.) “That in any case where a prosecution is begun under this act the defendant shall have a right, upon application made for that purpose before trial, to have said action abated by showing to the court or judge that he has had an account in said bank upon which said check or draft was drawn, thirty days next prior to the time said check or draft was delivered, and that said check or draft was drawn upon said bank without intent to defraud the party receiving the same, and if the court shall so find, said action shall be abated and the defendant shall be discharged upon paying into court the amount of such check and the costs in said case.” (R. S. 21-556.)”
    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.