Bednarz v. State’s Empirical Analysis
1943
Citation profile
211 state decisions
How this case has been cited
Cited by 211 later decisions — most recently June 2016 · most notably Texas Department of Corrections v. Herring (1974), Roark v. STALLWORTH OIL AND GAS, INC (1991)
211 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 Lively v. Missouri, Kansas & Texas Railway Co. · Texas & P. Ry. Co. v. Tomlinson · State Bank & Trust Co. v. W. O. Horn & Bro., Inc. · Denison Cotton Mill Co. v. McAmis · Tabet Bros. Co. v. Higginbotham
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 211 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The above rules, we think, make it clear that even though the defendant wholly fails to file any answer whatever, yet if the parties appear and try the case on certain issues without any objection on the part of the plaintiff to the failure of the defendant to file an answer, the plaintiff cannot raise the issue of insufficiency of the defendant's pleadings for the first time on appeal."”
3 later decisions quote this exact passage · from the majority““Rules 67, 274, 277, 279. “Question: Rule 67 reads ‘When issues not raised by the pleadings are tried by the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings * * * provided that written pleadings, before the time of submission, shall be necessary to the submission of special issues, as is provided in Rules 277 and 279.’ Does this rule mean that it is necessarily reversible error to submit special issues when they have not been raised by the written pleadings as provided in the above rule and in Rules 277 and 279? “Answer: No. Rule 274 was amended at a later date than the date upon which the above requirements were promulgated. This later amendment reads ‘Any complaint as to an instruction, issue, definition or explanatory instruction, on account of any defect, omission, or fault in pleading, shall he deemed waived unless specifically included in the objections.’ This amendment is contained, it will be recalled, within a rule which regulates objections to the charge of the court. So that the opinion of the sub-committee is that issues submitted without written pleadings to support them will not be erroneous upon that ground unless objection upon that ground is made.” (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Grogan v. Henderson
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.