Hermann v. Thomas’s Empirical Analysis
1914
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently June 1936
5 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 Western Union Telegraph Co. v. Smith · Maddox Bros. & Anderson v. Fenner · John Thatcher v. John Matthews · Johnson v. Archibald · Gerald v. Freeman
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It has been held that a call for course and distance should not be subordinated to a call for an unmarked line which could not, of itself, be ascertained, except by running course and distance from an established point. Gerald v. Freeman, 68 Tex. 201 , 4 S. W. 256 ; Johnson v. Archibald, 78 Tex. 96 , 14 S. W. 266 , 22 Am. St. Hep. 27; Robertson v. Mooney, 1 Tex. Civ. App. 379 , 21 S. W. 143 . “The leading case of Gerald v. Freeman, announcing this rule, however, has been subsequently explained, and the general rule thus announced somewhat limited, and it now seems to be the settled law that when the unmarked line of an adjacent survey is called for, and when from the other calls of such adjacent survey the position of such unmarked line can be ascertained with accuracy, and there is an absence of evidence as to how the survey was actually made, and there arises a controversy as to whether course and distance or the unmarked line of another survey shall- prevail, there is no reason why the survey line should not be given the dignity of an artificial object and prevail over course and distance. Maddox v. Fenner, 79 Tex. 279 , 15 S. W. 237 ; Wood v. Cahill, 21 Tex. Civ. App. 38 , 50 S. W. 1071 ; Goodson v. Fitzgerald (Civ. App.) 135 S. W. 696 ; State v. Russell, 38 Tex. Civ. App. 13 , 85 S. W. 288 ; Steusoff v. Jackson, 40 Tex. Civ. App. 328 , 89 S. W. 445 ; Davis v. Baylor (Sup.) 19 S. W. 523 ; Langerman v. Nichols (Civ. App.) 32 S. W. 124 ; Coleman Co. v. Stewart (Civ. App.) ”
1 later decision quote this exact passagee.g. Wolf v. Scott
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.