Erwin v. Bryan’s Empirical Analysis

Citation profile

71 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the plaintiff does not know the name of a defendant, that defendant may be designated in a pleading or proceeding by any name and description. When the name is discovered, the pleading or proceeding must be amended accordingly. The plaintiff, in such case, must aver in the complaint the fact that he could not discover the name. The summons must contain the words “name unknown,” and a copy thereof must be served personally upon the defendant.”

   2 later decisions quote this exact passage
   e.g. Brady v. Bucyrus Police Department · Ludwigsen v. Lakeside Plaza, L.L.C.

2. “[a] claimant may use Civ.R. 15(D) to file a complaint designating a defendant by any name and designation when the plaintiff has identified but does not know the name of that party, provided that the plaintiff avers in the complaint that the name of the defendant could not be discovered and a summons containing the words 'name unknown' is issued and personally served on the defendant.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Maiorana v. Walt Disney Co. · Schisler v. Columbus Med. Equip.

3. “A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant, or upon an incorrectly named defendant whose name is later corrected pursuant to Civ.R. 15(C), or upon a defendant identified by a fictitious name whose name is later corrected pursuant to Civ.R. 15(D).”

   2 later decisions quote this exact passage
   e.g. Brady v. Bucyrus Police Department · Pearson v. Columbus