Dierks v. Walsh’s Empirical Analysis

Citation profile

16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`where there is no change in the cause of action and the party substituted bears some relation of interest to the original party and to the action, the substitution may be allowed, as where the substitution is of one having the legal right to sue instead of one improperly named as plaintiff.'”

   4 later decisions quote this exact passage
   e.g. Weeks v. Cessna Aircraft Co. · Saint Paul Fire and Marine Insurance Co. v. Spann

2. ““But where there is a person in being who has a legal or beneficial interest in the cause of action and is capable of bringing the action in his own name, and brings it in the name of another person, whether such person be living or dead, an amendment substituting the real party in interest as plaintiff is permissible where the cause of action remains the same and defendant is deprived of no defense. Lewis v. Austin, supra; Denton v. Stephens et al., 32 Miss. 194 ; Justices of Camden County v. Sawyer, 9 N. C. 61 .””

   1 later decision quote this exact passage
   e.g. Stanolind Oil & Gas Co. v. Jamison

3. ““A person in esse, having a legal or beneficial interest in a cause of action, who, by inadvertence or mistake, brings an action in the name of another person, deceased, may amend to substitute the real party in interest. (Title 12 O.S. 1941 , § 317) where the cause of action and defense remained the same.””

   1 later decision quote this exact passage
   e.g. Saint Paul Fire and Marine Insurance Co. v. Spann