Worstell v. Devine’s Empirical Analysis
1959
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently November 2021
24 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 Nash v. Treat · Greene v. Montana Brewing Co. · Reynolds v. Gladys Belle Oil Co. · Holen v. Phelps · Madson v. Petrie Tractor & Equipment 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]his court has been hesitant to impute the neglect of an attorney to his client; and has been loathe to permit this neglect to bar a hearing on the merits. Whether or not the varying shades of excusable neglect previously remarked on can be distinguished, we choose to think that where reasonable minds might differ in their conclusions of excusable neglect, the doubt should be resolved in favor of a trial on the merits.”
2 later decisions quote this exact passage“"Let him be liberal to the slips and oversights of his opponent wherever he can do so, and in plain cases not shelter himself behind the instructions of his client. The client has no right to require him to be illiberal and he should throw up his brief sooner than do what revolts against his own sense of what is demanded by honor and propriety." Sharswood's Professional Ethics, 5th ed., published by the American Bar Association, 1907, at pp. 73-75.”
1 later decision quote this exact passage“"Be not too ready to demand your `pound of flesh' even though under the law, it may be your due. "Be not too hasty in taking the default of a litigant represented by counsel, nor too tenacious in hanging on to such advantage once gained. Next time it may be your client who is in default and you may be the petitioner for relief." Chickens come home to roost.”
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.