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← 168 SW2D 681 - Thomas v. Meyer

Thomas v. Meyer’s Empirical Analysis

1943

Citation profile

28
cited by 28 later decisions
2
states following
August 2011
most recently cited

28 state decisions

How this case has been cited

Cited by 28 later decisions — most recently August 2011 · most notably Palestine Contractors, Inc. v. Perkins (1964), Valmont Plantations v. State (1962)

28 state decisions

10019431950196019701980199020002010decided

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 Compton v. Elliott · Ricker, Lee & Co. v. Shoemaker · Hill v. Kimball · Associated Indemnity Corp. v. Gatling · United States v. Poller

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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““As- to the character of the action and byway of summary, the holding o-f this Court is that in order to make applicable the ‘crime’ clause of exception 9 of Article 1995, the suit alleged in plaintiff’s petition must be one in which the basis of liability of the defendant to the plaintiff is some act -or omission for -which act or omission the defendant is liable to punishment under the Penal Code. “The character of the suit and the applicability of the exception being thus established, the burden then devolves upon the plaintiff to plead (in the controverting affidavit) and prove (by a preponderance of the evidence) that (1) -a crime or offense was in fact committed, (2) by the defendant (the party asserting his privilege) as a principal, accomplice or accessory, as defined by the Penal Code, (3) in the county wherein venue is sought to be maintained, and (4) that there is a causal connection between the act or omission constituting the crime and the plaintiff’s injuries (as in the case of a trespass. Heard & Heard v. Kuhnert, Tex.Civ.App., 155 S.W.2d 817, 819 ).””
    3 later decisions quote this exact passage
  2. ““It seems more probable to assume that the holdings upon the point here involved were deliberately made for the guidance of the bench and bar upon a point of statutory construction not theretofore considered by the Supreme Court. It, therefore, seems that these holdings must at least be considered as judicial dicta rather than mere obiter. * * *””
    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.