Harryman v. Bowlin’s Empirical Analysis
1931
Citation profile
2 federal appellate · 11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 1965
2 federal appellate · 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 In re Organization & of the Bonds of the Central Irrigation District · In re the Estate of Joseph · United States Fidelity & Guaranty Co. v. Maxwell · Schuster v. Schuster · Baker-Evans Grain Co. v. Ricord
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As to the first inquiry [was it a special proceeding], it seems to us there can be but little difficulty. Our Code does not, as does the Code of New York, specify that every remedy which is not an action is a special proceeding, nor do our statutes give any definition of an action or a special proceeding. But we suppose that any ordinary proceedings in a court of justice, by which a party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense, involving process and pleadings, and ending in a judgment, is an action, while every proceeding other than an action, where a remedy is sought by an original application to a court for a judgment or an order, is a special proceeding. * * * The law having conferred the right [to propound a will for probate], and authorized an application to a court of justice to enforce it, the proceeding upon such application is of a judicial nature, and, not being an action within the sense of the Code, it follows that it belongs to that class known as special proceedings.”
1 later decision quote this exact passage““The phrase ‘special proceeding,’ within its proper definition, is a generic term for all civil remedies in courts of justice which are not ordinary actions. * * * Where the law confers a right, and authorizes a special application to a court to enforce it, the proceeding is special, within the ordinary meaning of the term ‘special proceeding.’ ” (Emphasis supplied.)”
1 later decision quote this exact passage““The delivery of a cheek to a bank on itself, to which bank a draft with bill of lading attached is sent for collection and remittance, does not amount to a payment, although the maker of the cheek has sufficient funds on deposit with such bank to meet it, if the bank is insolvent and the chock is not paid.””
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.