Jones v. Main’s Empirical Analysis

Citation profile

14 state decisions

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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Entry. Upon request and proper showing by the party entitled thereto, the judge shall render judgment against a party in default for the remedy to which the party is entitled. But no judgment by default shall be entered against a minor or incapacitated person unless represented in the action by a guardian, conservator or other legally authorized representative who has appeared in the action, or by a guardian ad litem appointed by the court. If the party against whom judgment by default is sought has appeared in the action, he or she (or, if appearing by representative, his or her representative) shall be served with written notice of the application for judgment at least (3) days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the state. “(b) Setting aside default. For good cause shown the court may set aside a judgment entered by default in accordance with K.S.A. 60-260(b).” (Emphasis added.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Sharp v. Sharp · 17 Kan. App. 2d 47 - In Re the Marriage of Thompson

2. ““In his work, Kansas Code of Civil Procedure, annotated, Judge Gard, in commenting on the meaning of the section, says on page 254: . Appearance by the party in any fashion entitles him to notice three days in advance in taking judgment.’ (Emphasis supplied.) “It seems to be generally accepted in those jurisdictions which have passed on statutes similar to ours that ‘appearance’ and ‘answer’ are not synonymous terms, an appearance being more comprehensive in its reach than an answer. In discussing the sense or purport of appearance, the New Jersey court in In re Cool, 19 N.J. Misc. 236 , 18 A.2d 714 , says: ‘. . . The word “appearance” is defined in Webster’s New International Dictionary (2d ed.) 1940, as meaning in law, “the coming into court of a party summoned in an action either by himself or by his attorney.” Technically, there are several different kinds of methods of appearance. See Am. Jur. Appearances, § 1, &c. A default of any appearance by the defendant means a default in any one of several ways of making an appearance. “ ‘Any’ applies to every individual part without distinction.” Styles v. Freeholders of Union, 50 N.J.L. 9, 11 . A party’s conduct as well as other circumstances are to be considered in determining whether he has actually appeared, (p. 238)’ ” 196 Kan. at 93.”

   1 later decision quote this exact passage · from the majority
   e.g. 17 Kan. App. 2d 47 - In Re the Marriage of Thompson

3. ““We deem it unnecessary to decide the question of whether the somewhat unorthodox pleading filed by Perfecto, apparently pro se, fulfills all the requirements of the answer which the statute directs is to be filed by a party who has been garnisheed. Assuming, for the sake of argument, that the instrument under scrutiny in this case does lack certain statutory essentials, we believe it is nonetheless sufficient to constitute an appearance within the purview of 60-255 (a), . . .” (p. 92.)”

   1 later decision quote this exact passage · from the majority
   e.g. McCreery v. McCreery