Cooper v. Davis’s Empirical Analysis
1957
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently July 2015 · most notably Landcraft Co., Inc. v. Kincaid (1980), Levine v. Lacy (1963)
28 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 Herndon v. Wickham · Childress v. Fidelity & Casualty 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The trouble with the defendant’s contention is that his diligent pursuit for judicial relief was begun too late. Rule 3:5 ‘contemplates and requires that a defendant file his responsive pleadings “within twenty-one (21) days after service on him of the notice of motion for judgment.” ’ (Herndon v. Wickham, 198 Va. 824, 826 , 97 S. E. 2d 5, 7 .) The notice of motion for judgment served on the defendant, prepared in accordance with Rule 3:3, so told him in plain language. Yet the defendant made no attempt to file the required pleadings for more than four months after the service of the notice on him.” 199 Va. at 476 , 100 S. E. 2d at 694 .”
1 later decision quote this exact passage · from the majoritye.g. Levine v. Lacy“But if such statements in the defendant’s testimony and affidavit are taken at their face value they merely amount to a showing of gross neglect and carelessness on his part, and do not constitute a reasonable or legal excuse for his failure to comply with the rule. It is a plain case where the lower court, in the exercise of the discretion lodged in it by Rule 3:13, was fully justified in refusing to allow the defendant to file his grounds of defense after having been so long in default.”
1 later decision quote this exact passage · from the majoritye.g. Nida v. Hooker“All steps and procedures in the clerk’s office touching the filing of pleadings and the maturing of suits or actions may be reviewed and corrected by the court. The time allowed for filing pleadings may be extended by the court in its discretion and such extension may be granted although the time fixed already has expired; but the time fixed by other Rules for filing pleas in abatement shall in no case be extended.”
1 later decision quote this exact passage · from the majoritye.g. Nida v. Hooker
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.