Berry v. Park’s Empirical Analysis
1940
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently May 1960
10 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 Dodson Williams v. Parsons · Belford v. Allen · Beasley v. Bond · Jones v. S. H. Kress & Co. · McCants v. Thompson
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The failure to make inquiry of persons likely to know the facts constituting alleged ‘newly discovered evidence’, such persons being reasonably available upon ordinary inquiry, and there being no hindrance to such inquiry, is failure to exercise reasonable diligence to discover such evidence as might have been established by said persons as witnesses.””
2 later decisions quote this exact passage““The 7th subdivision of section 398, O. S. 1931, 12 Okla. St. Ann. § 651, permits a new trial for newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial. Section 401, O. S. 1931, 12 Okla. St. Ann. § 654, requires tha1 ground to be sustained by affidavit showing its truth. This requirement is not satisfied by an allegation that due diligence has been used; the affidavit must consist of material facts, not conclusions or argumentative matter. Dodson & Williams v. Parsons, 62 Okla. 298 , 162 P. 1090 . A mere assertion that all reasonable diligence was used is insufficient. Twine v. Kilgore, 3 Okla. 640 , 39 P. 388 ; Magnolia Petroleum Co. v. McDonald, 168 Okla. 255 , 32 P. 2d 909 ; McCants v. Thompson, 27 Okla. 706 , 115 P. 600 ; Flersheim Merc. Co. v. Gillespie, 14 Okla. 143 , 77 P. 183 .””
1 later decision quote this exact passagee.g. Chew v. Fouts““ * * * Unless we can say that from the evidence as contained in the record the trial judge should have believed reasonable diligence was used, and should have so concluded as a matter of law, we cannot hold that he was guilty of a faulty fact finding or abuse of discretion. * * * ””
1 later decision quote this exact passagee.g. Friedman v. Hill
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.