Miller v. Schlereth’s Empirical Analysis
1949
Citation profile
2 district · 40 state decisions
How this case has been cited
Cited by 44 later decisions — most recently August 2025 · most notably Miner v. Robertson Home Furnishing (1991), Senske v. Fairmont & Waseca Canning Co. (1951)
2 district · 40 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 Lincoln Joint Stock Land Bank v. Barnes · Aycock v. Kimbrough · Barry v. Wolf · Hunton v. Euper · Knights of Maccabees of the World v. Gordon
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An order or decree which is vacated is nullified so that the resulting situation is precisely the same as if the order or decree had never existed. The result of the vacating of the decree was to remit the parties in all respects to the position which they occupied immediately succeeding the original filing of the pleadings in the district court.”
1 later decision quote this exact passage“The effect of setting aside or vacating a judgment, generally speaking, is to leave the matter in controversy open for future determination, and that determination must afford the parties in interest the right to a fair trial.”
1 later decision quote this exact passage“In general, the word `may,' used in statutes, will be given ordinary meaning unless it would manifestly defeat the object of the statute, and when used in a statute is permissive, discretionary, and not mandatory.”
1 later decision quote this exact passagee.g. In Re Pike's Estate
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.