Bourke v. Bourke’s Empirical Analysis
1945
Citation profile
4 district · 42 state decisions
How this case has been cited
Cited by 48 later decisions — most recently May 2019 · most notably Clutter v. Hill (1947), Waldorf v. Waldorf (1948)
4 district · 42 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 Burns v. Drake · Gustafson v. Bowling · Kearny County Bank v. Nunn · Eberhardt Lumber Co. v. Lecuyer · Huls ex rel. Bork v. Lumber
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether the [state] court was correct in entering judgment against the plaintiff, is immaterial at this stage of the proceeding. The fact that a judgment of a court of competent jurisdiction may have been erroneous does not preclude application of the principles of the doctrine of res judicata when such judgment has not been corrected by appeal or supplemental proceedings and has been allowed to become final and conclusive through inaction on the part of the litigant against whom it was rendered. (Citations omitted.)”
2 later decisions quote this exact passage““All demands, including demands of the state, against a decedent’s estate, whether due or to become due, whether absolute or contingent, including any demand arising from or out of any statutory liability of decedent or on account of or arising from any liability as surety, guarantor, or indemnitor, and including the individual demands of executors and administrators, not exhibited as required by this act within nine months after the date of the first published notice to creditors as herein provided, shall be forever barred from payment.” (Italics supplied.)”
1 later decision quote this exact passagee.g. Babb v. Stewart““The determination of an issue of ownership to real estate is as much a prerequisite to the proper distribution of a decedent’s estate as the determination of any money demand, and a claim to all or a portion of the decedent’s property must be asserted originally in the probate court irrespective of whether the claim be based upon legal or equitable grounds or whether decedent died testate or intestate.” (Emphasis supplied.) Gantz v. Bondurant, 159 Kan. 389 , Syl. ¶ 2.”
1 later decision quote this exact passagee.g. Adams v. Adams
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.