Lokey v. Ward’s Empirical Analysis
1934
Citation profile
2 federal appellate · 20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently June 1986
2 federal appellate · 20 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 McDonald v. McDonald · Sovereign Camp v. Gay · Ex parte Doak · Hendley v. Chabert · Clark v. . Mosher
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is not fatal to its sufficiency whether the judgment is by default or nil dicit, if the record shows that one or the other was proper. The improper form in this respect does not render the judgment reversible error. Eminent Household [of Columbian Woodmen] v. Lockerd, 202 Ala. 330 , 80 So. 412 ; Hendley v. Chabert, 189 Ala. 258 , 65 So. 993 ; Elyton Land Co. v. Morgan, 88 Ala. 434 , 7 So. 249 ; Atlantic Glass Co. v. Paulk, 83 Ala. 404 , 3 So. 800 ; McCaskey v. Pollock, 82 Ala. 174 , 2 So. 674 . “Our cases in the main are consistent with the doctrine that if a defendant files a plea which casts the burden on plaintiff, and then does not appear further, the court commits error to reversal if it renders a judgment by default or nil dicit. McCoy v. Harrell, 40 Ala. 232 ; Green v. Jones, 102 Ala. 303 , 14 So. 630 ; Clements v. Mayfield Woolen Mills, 128 Ala. 332 , 29 So. 10 . “But if defendant interposes only an affirmative defense by way of confession and avoidance, the burden of proof is on him, and if he fails to appear to sustain it, he is not prejudiced by a judgment by default or nil dicit. McCollom v. Hogan, 1 Ala. 515 ; Dougherty v. Colquitt, 2 Ala. 337 ; McCoy v. Harrell, supra; Schwarz v. Oppenheimer, 90 Ala. 462 , 8 So. 36 ; Hutchison v. Powell, 92 Ala. 619 , 9 So. 170 ; Brandon v. Leeds State Bank, 186 Ala. 519 , 65 So. 341 ; McCord v. Harrison & Stringer, 207 Ala. 480 , 93 So. 428 . “And since a demurrer imposes on defendant the duty to have it submitted and heard”
1 later decision quote this exact passagee.g. Skelton v. Weaver
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.