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← 140 KAN 538 - Mann v. Mann

Mann v. Mann’s Empirical Analysis

1934

Citation profile

8
cited by 8 later decisions
1
states following
April 1999
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently April 1999

8 state decisions

201934194019501960197019801990decided

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 Mann v. Mann · Farmers State Bank v. Bracey · Hyland v. Hogue

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Either she was entitled to the real estate by virtue of the court’s judgment or she was not entitled to it at all, and when she brought the action to recover rents and possession she had to base her claim of ownership on that judgment. We concede that appellant did not intend to prejudice her appeal, but as was said in Bank v. Bracey, 112 Kan. 677 , 212 Pac. 675 : ‘In no case in which an appeal has been dismissed was it the intention of the party recognizing validity of the judgment to prejudice his appeal, and in several instances the intention not to prejudice the appeal was expressly declared.’ (p. 679.) “In that case appellant recognized the finality of the judgment by paying the costs awarded against it, and pleaded ignorance of the consequences of its act. Previous decisions of this court are discussed in the opinion to which reference is made. See, also, the more recent case of Hyland v. Hogue, 131 Kan. 512 , 292 Pac. 750 , where, in an action consisting of several items, it was held that the appellant could not accept the amount allowed in his favor and perfect an appeal as to the remainder notwithstanding he expressly reserved in writing his right to proceed with the appeal. “The fact that appellant claimed in the amendment to her petition that the particular real estate was her separate property did not make her action in bringing suit for rents and possession consistent with the judgment rendered; on the contrary, it was inconsistent. She accepted in part the judg”
    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.