Sims v. Miller’s Empirical Analysis
1922
Citation profile
2 federal appellate · 44 state decisions
How this case has been cited
Cited by 50 later decisions — most recently December 1995 · most notably Williams v. Edmondson (1975), Louisville Silo & Tank Co. v. Thweatt (1927)
2 federal appellate · 44 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 Love v. Cahn · Mann v. Urquhart · Hallum v. Dickinson · Friend v. Smith Gin Co. · Church v. Gallic
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The right of action might have been based upon the account, and the various written communications between the parties could have been used as evidence to establish the right to recover. In that event the action would be one upon account and governed by the three-year statute of limitation; but the right of action could be, and has been, based on the written contract, which makes the five-year statute applicable. It is a matter of pleading, and a party is bound by his pleadings in designating the particular right of action he declares upon and is entitled to the protection afforded by the statute of limitations applicable to the cause of action declared upon if the facts justify it. American Mortgage Co. of Scotland v. Milam, 64 Ark. 305 , 42 S.W. 417 ; American Freehold Land Mortgage Co. v. McManus, 68 Ark. 263 , 58 S.W. 250 .””
1 later decision quote this exact passagee.g. Sommer v. Nakdimen““The term ‘proper county’, used in the statute referred to above, has been defined to mean the county of defendant’s residence or where the defendant may be served with process. 6 Words & Phrases, * 5689, 5690. Where such action is brought in a county other than that of defendant’s residence, if the writ is not served, its issuance and placing in the hands of an officer does not constitute the commencement of an action so as to arrest the statute of limitation. The subsequent issuance of another writ and the service thereof constitutes a new action.””
1 later decision quote this exact passagee.g. Nelson v. Eckert“. . . that where there are two actions pending between the same parties upon the same cause of action, and there is a plea filed on that ground in one of the actions, an abatement may be prevented by dismissal of the other action before the court has determined the sufficiency of the plea.”
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.