152 W. Va. 774 - Barker v. Traders Bank’s Empirical Analysis
1969
Citation profile
2 federal appellate · 30 state decisions
How this case has been cited
Cited by 32 later decisions — most recently January 2019 · most notably 160 W. Va. 530 - Chapman v. Kane Transfer Co., Inc. (1977), 158 W. Va. 427 - Sprouse v. Clay Communication, Inc. (1975)
2 federal appellate · 30 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 146 W. Va. 619 - Petros v. Kellas · 150 W. Va. 238 - United States Fidelity and Guaranty Co. v. Eades · 148 W. Va. 318 - Delardas v. Morgantown Water Commission · Bennett v. GENERAL ACCIDENT FIRE & LIFE ASSUR. CORP. · Bennett v. General Accident Fire & Life Assurance Corp.
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... If a summary judgment is entered under Rule 56 R.C.P. it is a dismissal with prejudice; whereas, a judgment sustaining a motion to dismiss under Rule 12(b) R.C.P. is not a dismissal with prejudice.”
2 later decisions quote this exact passage“Rule 12(c), for judgment on the pleadings is apropos when a motion for judgment is made after all of the pleadings have been filed and there are no matters to be considered outside the pleadings. While it is true that a motion for summary judgment also may be made under Rule 56 solely upon the pleadings, the procedure thereunder is more applicable where the pleadings are supported by affidavits, depositions, etc.”
1 later decision quote this exact passage“Only matters considered in the pleading can be considered on a motion to dismiss under Rule 12(b) R.C.P., and if matters outside the pleading are presented to the court and are not excluded by it, the motion should be treated as one for summary judgment and disposed of under Rule 56 R.C.P. ...”
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.