126 W. Va. 523 - Zogg v. Hedges’s Empirical Analysis
1944
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently November 2006
19 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 Kimberly v. Arms · Kilbourn v. Sunderland · All v. Prillaman · 122 W. Va. 727 - Lafollette v. Croft · 122 W. Va. 613 - Tokas v. J. J. Arnold Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Ordinarily the remedy for false representation or fraud is by an action at law for fraud and deceit. Wilt v. Crim, 87 W.Va. 626 , 105 S.E. 812; Big Huff Coal Company v. Thomas, 76 W.Va. 161 , 85 S.E. 171 ; Swarthmore Lumber Company v. Parks, 72 W.Va. 625 , 79 S.E. 723 . But when it is charged that the fraud has resulted in a trust ex maleficio equity has jurisdiction. The bill plainly and clearly alleges facts, which, if proved, will create this character of trust. Carleton Mining & Power Co. v. West Virginia Northern R. Co., 113 W.Va. 20 , 166 S.E. 536 ; Kersey v. Kersey, 76 W.Va. 70 , 85 S.E. 22 ; State v. Phoenix Mutual Life Insurance Company, 114 W.Va. 109 , 170 S.E. 909 , 91 A.L.R. 1482 .””
1 later decision 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.