Lyle v. Ekleberry’s Empirical Analysis
1968
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently April 2002
17 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 Gabbard v. Knight · Smith v. Commonwealth · Harvey v. Chesapeake & Potomac Telephone Co. of Va. · Cobb v. Commonwealth
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.
“However, no order was entered of record vacating or suspending the (earlier judgments), or indicating that the court had under consideration such action. . . . In Cobb v. Commonwealth, 152 Va. 941 , 146 S.E. 270 (1929), we held that where the record showed that a motion to set aside or vacate a judgment of conviction had been made and taken under consideration by the trial court before the judgment had become final, the time for perfecting an appeal ran from the date on which such motion was disposed of. ... In the present case the record fails to show that before the judgment of December 22, 1966, became final a similar motion to set aside or vacate it was made and taken under consideration by the trial court. Cf. Gabbard v. Knight, 202 Va. 40, 43 , 116 S.E.2d 73, 75 (1960). Counsel’s letter of January 6, 1967, to the judge of the trial court, requesting that final judgment be vacated, did not have that effect. An order of the court was necessary. (Italics added.)”
1 later decision quote this exact passage · from the majority““All final judgments, orders and decrees, irrespective of terms of court, shall remain under the control of the trial court and subject to be modified or vacated for twenty-one days after the date of entry, and no longer... .””
1 later decision quote this exact passage · from the majoritye.g. Godfrey v. Williams“wrote the judge of the trial court expressing the desire to submit additional authorities and reargue the motion to set aside the verdict.”
1 later decision quote this exact passage · from the majority
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.