Fulton v. Finch’s Empirical Analysis
1961
Citation profile
3 federal appellate · 218 state decisions
How this case has been cited
Cited by 221 later decisions — most recently February 2018 · most notably Hooks v. Hooks (1985), Canadian Helicopters Ltd. v. Wittig (1994)
3 federal appellate · 218 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 Cleveland v. Ward · Cobb v. Harrington · McCauley v. Consolidated Underwriters · Iley v. Hughes · Texas National Guard Armory Board. v. McCraw
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 221 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is one thing to say that a void order may be appealed from but it is another thing to say that it must be appealed from for it would be anomalous to say that an order void upon its face must be appealed from before it can be treated as a nullity and disregarded. An order which must be appealed from before it is ignored can hardly be characterized as “void” and binding on no one.”
8 later decisions quote this exact passage · from the majority“In the event an original or amended motion for new trial or a motion to modify, correct or reform a judgment is not determined by written order signed within seventy-five days after the judgment was signed, it shall be considered overruled by operation of law on expiration of that period.”
4 later decisions quote this exact passage · from the majority“The time during which actions are to be taken and powers are to be exercised are now largely controlled by specific rules. It would be difficult to select plainer wording than that contained in Rule 329-b, § 3, “All motions must be determined within not exceeding forty-five (45) days after the original or amended motion is filed, * * Here, the amended motion was determined within 45 days. It cannot be undetermined after the 45-day period without destroying the rule. While there is a 30-day provision contained in Rule 329-b, § 5 relating to judgments and orders overruling motions for new trial, there is no provision which can be construed as extending a trial judge’s authority over a motion granting a new trial for an additional thirty-day period. An order granting a motion for new trial must be set aside, if at all, within the 45-day period set out in Rule 329-b, § 3. * * * The present order [setting aside the order granting a new trial], having been rendered after the expiration of a period of time prescribed by the Rules of Civil Procedure, is similar to an order entered after term time. It has no efficacy * * *.”
1 later decision quote this exact passage · from the majority
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.