Drumheller v. Fillinger’s Empirical Analysis
2012
Citation profile
2 state decisions
Relationships
Relies on 194 W. Va. 138 - Chrystal R.M. v. Charlie A.L. · 196 W. Va. 294 - State v. LaRock · 154 W. Va. 369 - Intercity Realty Company v. Gibson · 166 W. Va. 153 - State v. Petry · 155 W. Va. 875 - McDaniel v. Romano
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Judgment. — Judgment by default may be entered as follows: (1) By the clerk. — When the plaintiffs claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the court upon request of the plaintiff and upon affidavit of the amount due shall direct the, entry of judgment by the clerk for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and is not an infant, incompetent person, or convict. (2) By the court. — In all other eases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant, incompetent person, or convict unless represented in the action by a guardian, guardian ad litem, committee, conservator, curator, or other representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary.”
1 later decision quote this exact passage““[a] motion to vacate a default judgment is addressed to the sound discretion of the court and the court’s ruling on such motion will not be disturbed on appeal unless there is a showing of an abuse of discretion.” Syl. Pt. 3, Intercity Realty Co. v. Gibson, 154 W.Va. 369 , 175 S.E.2d 452 (1970)[, overruled on other grounds by Coles v. Wills, 212 W.Va. 232 , 569 S.E.2d 479 (2002) ].”
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.