Johnson v. Murray’s Empirical Analysis
1982
Citation profile
2 district · 48 state decisions
How this case has been cited
Cited by 50 later decisions — most recently April 2012 · most notably Oliver v. Stimson Lumber Co. (1999), Maloney v. Home and Investment Center, Inc. (2000)
2 district · 48 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 Harrington v. H. D. Lee Mercantile Co. · Bourke v. Butte Electric & Power Co. · Mihelich v. Butte Electric Railway Co. · Winsness v. M. J. Conoco Distributors, Inc. · Sealey v. Majerus
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Rule 55(b). Judgment. Judgment by default may be entered as follows: (2) By the court. In all other cases the party entitled to a judgment by default shall apply to the court therefor;... If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party’s representative) shall be served with written notice of the applica tion 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 of Montana.”
1 later decision quote this exact passage · from the majority“... [that the litigant had] fail[ed] to pay the filing fee until 2 Vz months later and after the request to enter his default had been submitted; that he had failed to present a prima facie meritorious defense in the answer and that the evidence indicated overwhelmingly that he had no defense to the actions for libel and slander of title. Although [the litigant was acting pro se], the District Court found that his reckless disregard for the rights and feelings of the plaintiffs and his further attempt at that stage to prolong the litigation were adequate reasons to deny his motion to set aside the judgment.”
1 later decision quote this exact passage · from the majority“no default judgment shall be entered against any party, except upon application of the opposing party.”
1 later decision quote this exact passage · from the majoritye.g. Marriage of Jensen
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.