Little v. Dyer’s Empirical Analysis
1891
Citation profile
4 federal appellate · 2 district · 25 state decisions
How this case has been cited
Cited by 38 later decisions (2 by the Supreme Court) — most recently April 2017 · most notably Miller v. Robertson (1924), Fortune v. Bartolomei (1896)
4 federal appellate · 2 district · 25 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 Nichols v. Hewit
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The confession of judgment contemplated by said section is a confession of judgment in a proceeding instituted ‘without, process,’ and therefore has no reference whatever to a cognovit actionem, or confession of judgment signed by the defendant in the action after suit brought, and which was resorted to, at common law, in many different kinds of actions,- and at common law, a confession of judgment without process, or any action pending, was by means of a warrant of attorney, and, unless the amount was mentioned in the warrant itself, was restricted to notes, bills, bonds, or other instruments or evidences of indebtedness wherein the amount for which the judgment was to be confessed was so specified that it could readily be determined by mere inspection or computation, and did not require judicial inquiry for its ascertainment.””
1 later decision quote this exact passage · from the majoritye.g. Rubin v. Dale““* * * the judgments provided for in the section are such as can be entered indifferently, ‘either in term time or vacation,’ and the authority to enter the judgments by confession is just as broadly given to the clerk’ acting in vacation as it is to the court acting in term time.””
1 later decision quote this exact passage · from the majoritye.g. Vennum v. Holmberg““. . . On grounds of sound public policy we are not disposed to extend the power of confessing judgments under and by virtue of warrants of attorney beyond the provisions of the statute and the decisions in the adjudicated cases.””
1 later decision quote this exact passage · from the majoritye.g. Rubin v. Dale
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.