Higby v. Hooper’s Empirical Analysis
1950
Citation profile
6 federal appellate · 33 state decisions
How this case has been cited
Cited by 39 later decisions — most recently February 1985 · most notably Carriger v. Ballenger (1981), Bender v. Roundup Mining Co. (1960)
6 federal appellate · 33 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 Stillwell & Bierce Manufacturing Co. v. Phelps · Girard Life Insurance Annuity Trust Co v. Cooper · Stillwell Bierce Manuf'G Co v. Phelps · Ainsa v. Mercantile Trust Co. · Hart v. Barron
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under certain circumstances, none of which is here present, a person may show that the document in question was intended to serve the purpose of a mere jest, joke or sham. ‘But a just policy would seem to concede this only when the pretense is a morally justifiable one (as, to calm a lunatic or to console a dying person). When it is morally beyond sanction, or aims at an evasion of the law or a deception of other persons, by intention of the parties, that intention will not be given effect.’ 9 Wigmore on Evidence, 3d Ed., sec. 2406, subd. (1), pp. 16, 17.” (Emphasis in original.)”
2 later decisions 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.