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← 121 Mont. 595 - Perkins v. Kramer

Perkins v. Kramer’s Empirical Analysis

1948

Citation profile

13
cited by 13 later decisions
2
states following
February 2015
most recently cited

13 state decisions

How this case has been cited

Cited by 13 later decisions — most recently February 2015

13 state decisions

5019481950196019701980199020002010decided

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 Marino v. Ragen · Johnson v. Cadillac Motor Car Co. · Anderson v. Wyoming Development Co. · Allen v. Petrick · Shearer v. Backer

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

  1. ““The doctrine of res judicata, if applicable, does not prevent the court from correcting manifest error in its former judgment. Thus in Cluff v. Day, 141 N.Y. 580 , 36 N.E. 182, 183 , the court said. ‘There is no iron rule which precludes a court from correcting a manifest error in its former judgment, or- which requires it to adhere to an unsound declaration of the law. It may, for cogent reasons, reverse or qualify a prior decision, even in the same case. But the cases in which this will be done are exceptional, and the power should be sparingly exercised.’ “When the prior decision is by a divided court, as here, . . . the court will the more readily depart from it, if erroneous. [Citation omitted.]””
    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.