Swensen v. McDaniel’s Empirical Analysis
1953
Citation profile
1 district · 2 state decisions
How this case has been cited
Cited by 5 later decisions — most recently May 2008
1 district · 2 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
Applies 28 U.S.C. § 1653
Relies on Robertson v. Cease · Parker v. Trefry · Pardini v. City of Reno · Bonfils v. Hayes · State Ex Rel. Pyne v. LaGrave
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““That at the time of the above accident and prior thereto the defendant, Helen V. McDaniel, and said J. B. McDaniel were associated together in business in the City of Wells, County of Elko, State of Nevada, and owned and operated various buildings as joint tenants with right of survivorship, and at the time of the above accident were jointly constructing a certain building known as an auto court in the City of Wells, County of Elko, State of Nevada; that at the time of said, accident and prior thereto, said J. B. McDaniel was the manager of the joint venture of the business conducted and carried on by said J. B.. McDaniel and defendant, Helen V. McDaniel, and said J. B. McDaniel at the time of said accident was the agent of the said joint venture consisting of said defendant and said J. B. McDaniel, and at the time of said accident was acting on behalf of said joint venture and within the scope and course of his agency.””
1 later decision quote this exact passage · from the majoritye.g. Williams v. McDaniel““Á motion to strike under Fed-Rules Civ.Proc. rule 12(f), 28 U.S. C.A., is not favored and should be granted only when the allegations-complained of have no possible relation to the controversy. Matter will not be stricken unless it has no relation to the controversy in any way and its presence in the pleading will cause prejudice which cannot be prevented by action at a pre-trial conference or by a charge of the Court to the jury.””
1 later decision quote this exact passage · from the majoritye.g. Williams v. McDaniel““That the said J. B. McDaniel died on December 2, 1949, after the above accident.””
1 later decision quote this exact passage · from the majoritye.g. Williams v. McDaniel
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.