Withers v. Miller’s Empirical Analysis
1934
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently March 1967
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 Albright v. Warkentin · Leslie v. Gibson · Zimmerman v. Rose · Board of County Commissioners v. Axtell · Board of County Commissioners v. Walter
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.
““Our statute (R. S. 60-2530), which authorizes a party defendant in an action such as this, who was served by publication only and who had no knowledge of the pendency of the action in time- to defend, to come into the case at any time within three years after judgment against him was rendered, make the showing required and file an answer stating a defense, to have the judgment opened and to be heard on his defense, is remedial in its nature, and should be liberally construed in the furtherance of justice.” (p. 126.)”
1 later decision quote this exact passage · from the majority““Indeed, in order to do justice to both parties, the provisions of that section should be construed in no technical way, but fairly and reasonably. ... In fact, a judgment upon service by publication is as between the parties in the nature of a conditional judgment, one which becomes final and absolute only at the expiration of three years, and liable in the mean time to be opened whenever the defendant brings himself within the provisions of the section.” (p. 448.)”
1 later decision quote this exact passage · from the majority““Normally, when a party in such an action moves to open the judgment, about the only questions before the court are: Has notice been given to the adverse party? Was service by publication only? Did defendant have knowledge of the action in time to defend? Has he filed an answer stating a defense? Is he willing to pay all costs, if the court requires it?” (p. 126.)”
1 later decision quote this exact passage · from the majoritye.g. Cassell v. Cassell
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.