Public-domain · open source
OpenJurist
← 224 Ind. 84 - Drinkwatter v. Eikenberry

Drinkwatter v. Eikenberry’s Empirical Analysis

1946

Citation profile

26
cited by 26 later decisions
1
states following
May 1965
most recently cited

26 state decisions

How this case has been cited

Cited by 26 later decisions — most recently May 1965 · most notably Taylor v. Fitzpatrick (1956), Wedmore v. State (1954)

26 state decisions

180194619501960decided

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 Storms v. Stevens · Lowery v. State Life Insurance · Bartlett v. Manor · McFadden v. Ross · Baltimore & Ohio Southwestern Railway Co. v. Conoyer

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

  1. ““A court has no power to do anything which is not authorized by law and when its procedure is defined by a special statute, its judicial functions are essentially controlled thereby, and the remedy is confined to the mode prescribed, and the. procedure so provided excludes resort to another or different procedure. Lowery v. State Life Ins. Co. (1899), 153 Ind. 100, 104 , 54 N. E. 442 ; .. . See also Drinkwatter et al. v. Eikenberry et al. (1946), 224 Ind. 84 , 64 N. E. 2d 399 ....””
    2 later decisions quote this exact passage
  2. ““A court is a creature of the law, instituted for the determination of questions of law and fact under defined restrictions and limitations. The territorial limits of its power, the subjects and classes over which its power may be exercised, the terms upon which it may put its power into action, are as firmly and clearly established as the right to adjudicate when authorized to do so; and, though a court of general jurisdiction, it must proceed in the manner and upon the conditions imposed by the law, and an assumption of jurisdiction over a subject or a person, upon terms denied by law, is us unwarranted and futile as the assumption of jurisdiction without its territorial limits. A departure from the limits and terms of jurisdiction is usurpation of poiver that imparts no validity whatever to its judgments and decrees. . . . Hence, we have the generally accepted rule that, when a court proceeds-without jurisdiction of the subject-matter, its judgment is wholly void; . . .” (Emphasis supplied.)”
    1 later decision quote this exact passage

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.