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← 174 SW3D 695 - Solberg v. Graven

Solberg v. Graven’s Empirical Analysis

2005

Citation profile

13
cited by 13 later decisions
2
states following
February 2018
most recently cited

13 state decisions

Relationships

Relies on ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp. · Nazeri v. Missouri Valley College · Hasemeier v. Smith · Berkowski v. St. Louis County Board of Election Commissioners · Transit Casualty Co. v. Transit Casualty 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[a] motion to dismiss for failure to state a cause of action is solely a test of the adequacy of the plaintiffs petition. It assumes that all of plaintiffs averments are true, and liberally grants to plaintiff all reasonable inferences therefrom. No attempt is made to weigh any facts alleged as to whether they are credible or persuasive. Instead, the petition is reviewed in an almost academic manner, to determine if the facts alleged meet the elements of a recognized cause of action, or of a cause that might be adopted in that case.”
    1 later decision quote this exact passage · from the majority
  2. “[t]he trial court erred in sustaining [Defendants’] motions to dismiss for failure to state a claim or cause of action because Missouri law allows a claim against an attorney who is hired by the client to specifically perform services to benefit [Plaintiffs] in that these attorneys were hired by [PA] as guardian and/or conservator to benefit [Plaintiffs] and their estates.”
    1 later decision quote this exact passage · from the majority
  3. “The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he is the clerk, agreeably to fees which shall, for the time being, be allowed by law, and shall in no case allow any item or charge, unless the service for which it was made was actually performed in the cause.”
    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.