Pietsch v. Milbrath’s Empirical Analysis
1905
Citation profile
34 state decisions
How this case has been cited
Cited by 35 later decisions — most recently January 1981 · most notably Old Dominion Copper Mining & Smelting Co. v. Bigelow (1909), 43 Wis. 2d 445 - Milwaukee County v. Schmidt, Garden & Erikson (1969)
34 state decisions — followed in 11 states
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 Bailey Assignee v. Glover et al. · Vance v. Vance · Brown v. Chicago & Northwestern Railway Co. · Illinois Steel Co. v. Bilot · Demarest v. Wynkoop
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““That provides that a cause of action for relief on the ground of fraud in a case which was on or before the 28th day of February, 1857, cognizable in a court of chancery shall not be deemed to have accrued until the discovery by the aggrieved parties of the perpetration of the fraud. Counsel for respondent argue that this action falls within that because the sole remedy afforded plaintiffs to enforce the right of the corporation was in equity and was so at the time mentioned in such section. That overlooks the fact that the real test is, what remedy was afforded the corporation to enforce its rights in the circumstances set forth in the complaint before the adoption of the Code. We need spend no time to demonstrate that it had then, as it has now, a remedy at law in such cases. • It follows that before this action was commenced a cause of action of the corporation was extinguished and that with it necessarily the right of the plaintiffs to enforce such cause of action was lost.””
1 later decision quote this exact passagee.g. Pietsch v. Wegwart
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.