Marthers v. Hurst’s Empirical Analysis
1955
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 1985
12 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 Savage v. Cannon · Pruitte v. Burns · Brown v. Nix · Poston v. State Highway Department · Thigpen v. Thigpen
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The motion to vacate was made under Section 10-1213 of the 1952 Code which permits the Court, in its discretion, at any time within one year after notice thereof, to relieve a party from a judgment or other proceedings ‘taken against him through his mistake, inadvertence, surprise or excusable neglect.’ It is well established that a motion of this kind is addressed to the sound discretion of the Circuit Judge whose ruling will not be disturbed in the absence of a clear showing of abuse of discretion. Poston v. State Highway Department, 192 S. C. 137, 5 S. E. (2d) 729 ; Pruitte v. Burns, 212 S. C. 325, 47 S. E. (2d) 785 . It is equally well settled that it is incumbent upon the party seeking relief under this section to show (1) that the judgment was taken against him ‘through his mistake, inadvertence, surprise or excusable neglect’; and (2) that he has a meritorious defense. Savage v. Cannon, 204 S. C. 473, 30 S. E. (2d) 70 .””
1 later decision quote this exact passagee.g. Williams v. Ray
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.