Winans v. . Winans’s Empirical Analysis
1891
Citation profile
3 district · 58 state decisions
How this case has been cited
Cited by 61 later decisions — most recently February 1974 · most notably State ex rel. City of Milwaukee v. Ludwig (1900), Vinyard v. Vinyard (1946)
3 district · 58 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 Matter of Petition of Butler · Carleton v. . Darcy · Van Alen v. Schermerhorn
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An application for leave to discontinue an action is addressed to the legal, not the arbitrary, discretion of the court, and it may not be denied capriciously. but may be refused whenever circumstances exist which afford a basis for the exercise of legal discretion; in such a case the court has but to consider whether anything has occurred since the commencement of the action which would so far prejudice defendant’s interest, in the event of a discontinuance, as to require a denial of the application.””
1 later decision quote this exact passage · from the majority““ The rights of the party to the record are not alone to be considered, the public is regarded as a party, and must be treated as such by the court.””
1 later decision quote this exact passage · from the majoritye.g. Coon v. Coon
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.