Asher v. Ruppa’s Empirical Analysis
173 F.2d 10 · 1949
Citation profile
71 federal appellate · 4 district · 5 state decisions
How this case has been cited
Cited by 95 later decisions — most recently October 1998 · most notably Marshall v. Sawyer (1962), 109 Wis. 2d 164 - Shuput v. Lauer (1982)
71 federal appellate · 4 district · 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 Montgomery Ward & Co. v. Langer · Carroll v. Morrison Hotel Corp. · Cool v. International Shoe Co. · Crutcher v. Joyce · Southwest Pipe Line Co. v. Empire Natural Gas Co.
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * The jaw is now settled that upon motions to dismiss a complaint on the ground that it does not state a claim upon which relief can be granted, the complaint should be construed in the light most favorable to the plaintiff, with all doubts resolved in his favor and the allegations accepted as true. Cool v. International Shoe Co., 8 Cir., 142 F.2d 318 . And if, in view of what is alleged, it reasonably can be conceived that plaintiff can upon the trial make a case which would entitle him to' some relief, the complaint should not be dismissed. Montgomery Ward & Co. v. Langer, 8 Cir., 168 F.2d 182 , 185; * * * and Carroll v. Morrison Hotel Corp., 7 Cir., 149 F.2d 404 .””
2 later decisions quote this exact passage · from the majority““a short and plain statement of the claim showing that the pleader is entitled to relief, * * *.””
2 later decisions quote this exact passage · from the majority“A 'final decision' generally is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.”
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.