State ex rel. Jackson County v. Chick’s Empirical Analysis
1898
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently June 1941
11 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 Smith v. United States · Walker v. Owen · Tomlinson v. Ellison · Whetstone v. Shaw · Paramore v. Lindsey
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The testimony shows that it was plain to be seen that an erasure had been made in the penalty of the bond. The word `five' was written over a space from which something had evidently been erased. This *Page 365 was manifest from an inspection of the paper. The defense was non est factum . The burden was therefore on plaintiff to show that defendants executed the instrument as sued on; that the identical paper, upon which a recovery was sought against them, was their bond. . . . There was never any denial or dispute that the names upon the paper were written by the defendants respectively. The question was, did they execute the bond filed as the foundation of the action? Plaintiff held the affirmative of that issue. The position of the parties should not be changed by indulging in presumptions. To say that under the pleadings and under the evidence, as it stood before the jury, it should be presumed that the alteration was made before defendants signed the obligation, would simply shift upon them, notwithstanding their plea of non est factum, the burden of disproving plaintiff's allegation, that they executed the instrument. . . . Defendants had the right to stand upon the very terms of their contract; to deny that the bond sued on was their bond; and to require that its execution be proved. The onus was on plaintiff to do so.”
1 later decision quote this exact passage“The petition in the case at bar proceeds on an entirely different theory. The charge here is, that the clerk wholly failed to report or account for the fees sued for, and that the county court was induced to approve his quarterly statements in ignorance of the fact that they had been collected, and in reliance upon the false statement that said reports contained the total fees received by him.”
1 later decision quote this exact passage“if the omission of an order to pay over the funds will not defeat this action, it follows, that the non-observance of the procedure directed to be taken for disobedience of such order cannot have that effect.”
1 later decision quote this exact passage
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.