Bartlett v. Bartlett’s Empirical Analysis
1944
Citation profile
25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently March 1971 · most notably Howarth v. Northcott (1965), Addy v. Addy (1949)
25 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 Williams v. State of North Carolina · Finlay v. Finlay · People Ex Rel. Tweed v. . Liscomb · Harrigan v. Gilchrist · In Matter of Badger
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It ill behooves a modern court of equity to imitate the dry formalism of the early common law courts. As said by Pomeroy, the procedure ‘furnished a fixed number of “forms of action.” Every remedial right must be enforced through one of these forms; and if the facts of a particular case were such that neither of them was appropriate, the injured party was without any ordinary legal remedy, . . . ’ and could have no action. 1 Pomeroy Eq. Jur. 28, 5th Ed. Section 21. It was this very legal conservatism which brought about the development of equitable jurisdiction whereby redress may be derived to accommodate rights instead of the Procrustean technique of cutting off rights which do not fit remedies.” Bartlett v. Bartlett, supra.”
1 later decision quote this exact passage“"`When jurisdiction is, by the organic law of this state, or by this Code or any other statute, conferred on a court or judicial officer, all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by this Code, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.' O.C.L.A. § 13-715. Patterson v. Horsefly Irrigation District, 157 Or. 1 , 15 , 69 P.2d 282 , 70 P.2d 36 ; Williams v. Pacific Surety Co., 66 Or. 151 , 127 P. 145 ."”
1 later decision quote this exact passagee.g. Rodda v. Rodda“"* * * The act did not lessen the jurisdiction of the Circuit Court in such districts but increased it by the addition of probate jurisdiction, which was formerly vested exclusively in the County Courts. When this litigation was presented to the Circuit Court, that tribunal was acting not only with respect to the probate jurisdiction but also to the general jurisdiction originally vested in such courts."”
1 later decision quote this exact passagee.g. Rodda v. Rodda
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.