Neely v. White’s Empirical Analysis
1941
Citation profile
2 federal appellate · 4 district · 24 state decisions
How this case has been cited
Cited by 54 later decisions — most recently September 2018 · most notably Horton v. Horton (1997), Countryside Orthopaedics, P.C. v. Peyton (2001)
2 federal appellate · 4 district · 24 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 G. S. Sexton & Co. v. C. Aultman & 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A failure of consideration of such a degree that the remaining consideration may be deemed to be no substantial consideration is an excuse for nonperformance of a promise. A failure to perform a promise, the performance of which is a condition precedent, is an excuse for nonperformance of the promise made by the other party.”
7 later decisions quote this exact passage · from the majority“A defendant who pleads a counterclaim or cross-claim shall be deemed to have brought an action at the time he files such pleading, provided that if the subject matter of the counterclaim arises out of the same transaction or occurrence upon which the plaintiff’s claim is based, the statute of limitations with respect to such counterclaim shall be tolled by the commencement of the plaintiff’s action.”
1 later decision quote this exact passage · from the majoritye.g. Cummings v. Fulghum“A defendant who files a plea . . . under this chapter shall be deemed to have brought an action, at the time of filing such plea . . . against the plaintiff[;] ... the defendant’s claim shall be open to the same ground of defense to which it would have been open in any action brought by him thereon.”
1 later decision quote this exact passage · from the majoritye.g. Cummings v. Fulghum
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.