Fernow v. Gubser’s Empirical Analysis
136 F.2d 971 · 1943
Citation profile
8 federal appellate · 2 state decisions
How this case has been cited
Cited by 17 later decisions — most recently August 1980
8 federal appellate · 2 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 Scott v. Jones · Maloney v. Dewey · Stigers v. Brent · Beckley Nat. Bank v. Boone · Atwood v. Lester
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“And such a judgment, entered without the mental condition of the party being brought to the attention of the court, will not be set aside on the ground of incompetency alone. In addition, it must be prima facie shown that a meritorious defense to the claim existed or that some other right was not presented. [Citations omitted.] That requirement is not met here. There is no showing that as the result of the mental condition of appellant, there was a failure to advance any contention or adduce any evidence bearing upon the issues adjudicated by the order. Neither is there any showing whatever that in the event of a new hearing additional or different evidence material to the issues will be adduced, or that any different result is reasonably to be expected.”
1 later decision quote this exact passage · from the majoritye.g. Zundel v. Zundel““And such a judgment entered without the mental condition of the party being brought to the attention of the court, will not be set aside on the ground of incompetency alone. In addition, it must be prima facie shown that a meritorious defense to the claim existed or that some other right was not presented. . . .” (Citing cases from other jurisdictions.)”
1 later decision quote this exact passage · from the majoritye.g. Vassar v. Rowland““The mere incompetency of a person does not prevent a court from acquiring jurisdiction of his person or authority to adjudicate his property rights. In Oklahoma, a judgment against an incompetent person not represented by a guardian is not void, but voidable.””
1 later decision quote this exact passage · from the majoritye.g. Vassar v. Rowland
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.