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← 136 Tex. 299 - Miller v. Davis, Ind. Executors

Miller v. Davis, Ind. Executors’s Empirical Analysis

1941

Citation profile

46
cited by 46 later decisions
3
states following
April 2017
most recently cited

46 state decisions

How this case has been cited

Cited by 46 later decisions — most recently April 2017 · most notably Womack v. Berry (1956), Walling v. North Central Texas Municipal Water Authority (1961)

46 state decisions

12019411950196019701980199020002010decided

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 Eustace v. Dickey · Sharpe v. Landowners Oil Assn. · Allen v. Long · 39 Tex. Civ. App. 385 - Whaley v. Bankers' Union of the World · Crow v. Cattlemen's Trust 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"Since we hold that the trustees * * * are necessary parties to this action in order for the court to have jurisdiction to enter final judgment construing this will, it must follow that no final judgment has been entered in this case in the district court. * * *" (Emphasis added.)”
    2 later decisions quote this exact passage · from the majority
  2. “* * * This is because the necessary parties must be joined in a suit to construe a will, in order to give the court jurisdiction to enter a final judgment. 44 Tex.Jur. 766, Sec. 197; Hay v. Hay, Tex.Civ.App., 120 S.W. 1044 , [no writ history]; Goldsmith v. Mitchell, Tex. Civ.App.1933, 57 S.W.2d 188 , [dism. w. o. j.].”
    1 later decision quote this exact passage · from the majority
  3. ““It is the rule that where a corporation has been formed under color of law, only the State can question its corporate existence, and that in a direct proceeding wherein the State is a party, and the action is in the nature of a quo warranto proceeding.””
    1 later decision quote this exact passage · from the majority

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.