Mills v. Baird’s Empirical Analysis
1941
Citation profile
5 federal appellate · 24 state decisions
How this case has been cited
Cited by 29 later decisions — most recently October 2016 · most notably Montgomery v. Kennedy (1984), Peter C. Browning v. Jeff P. Prostok (2005)
5 federal appellate · 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 United States v. Throckmorton · Caldwell v. Taylor · McMurray v. McMurray · Pure Oil Co. v. Reece · Pure Oil Co. v. Reece
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the right to bring the action did not accrue as to the principal until [the plaintiff] discovered or should have discovered the fraud. And since the surety was only secondarily liable and could not be sued without its principal, it would seem logically to follow that the cause of action as to it did not accrue until that against its principal accrued. The undertaking of the surety is to make good any breach of official duty of its principal, whether or not tainted with fraud— not because of anything the surety may have done or failed to do, but because the surety has so bound itself by its undertaking. Fraud of its principal, with all its consequences, is a risk it assumes to compensate by virtue of its obligation of suretyship.”
2 later decisions quote this exact passage“'where the fraudulent acts pertain to an issue involved in the original action, or where the acts constituting the fraud were, or. could have been litigated therein.’ ” Montgomery, 669 S.W.2d at 313 (quoting Mills v. Baird, 147 S.W.2d 312, 316 (Tex.Civ.App.- Austin 1941 , writ ref’d)). 7 . In the opening portion of the default judgment, PNS was described as”
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.