116 Ind. App. 649 - Ostheimer v. McNutt’s Empirical Analysis
1946
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently June 1999
14 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 Williams v. Williams, Admr. · Berghoff v. McDonald · Rose v. Cash · Hankins v. Kimball · Isbell v. Heiny, Administrator
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . it is the general rule that an estate cannot be held liable for a tort committed by the trustee, executor, or administrator thereof. . . . When such representative ‘commits a tort he steps out of the line of his duty; in other words, in so far [sic] as he commits a wrong, he does not represent the estate, and therefore it should not be held liable.’ Note 44 A.L.R. 639 . . . . ” (Citations omitted; our insertion)”
1 later decision quote this exact passage“is by proceedings on the probate side of the court of his appointment because his possession is the possession of that court which ought not be hampered in the administration of the estate by conflicting jurisdiction of another court wherein contrary decision might be made.”
1 later decision quote this exact passage“a possible conflict of jurisdiction over the same property between two co-ordinate courts.”
1 later decision quote this exact passage
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.