Egbert v. EGBERT’s Empirical Analysis
1956
Citation profile
75 state decisions
How this case has been cited
Cited by 77 later decisions — most recently December 2015 · most notably In the Matter of Lemond (1980), 149 Ind. App. 365 - Fort Wayne National Bank v. Doctor (1971)
75 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 Board of Commissioners v. Bonebrake · Dodge v. Gaylord · Union School Township v. National Bank · Alerding v. Allison · Buehner Chair Co. v. Feulner
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“must clearly appear to be the only possible construction of the opinion.”
2 later decisions quote this exact passage““. . . The rule of the law of the case is to be distinguished from the rules of the res judicata. ‘The rule of “the law of the case,” thus limited to the point or points considered and decided on the first appeal, meets our full approval. But we cannot agree to the claim of appellee’s counsel, that “the law of the case” precludes us from considering and deciding now, on the second appeal of this cause, any questions which might have been, but were not, considered and decided as the case was presented on the first appeal. Such claim seems to us unreasonable, although we are aware that it is supported by many respective authorities, and even by the language used in some of the reported opinions of this court.’ Davis v. Krug (1884), 95 Ind. 1, 9 . Questions which might have been but were not considered or decided in the first and prior appeal do not become the law of the case. ‘Only points decided become the law of the case.’ Wine v. Woods (1902), 158 Ind. 388, 391 , 63 N. E. 759 .””
1 later decision quote this exact passage““Accord and satisfaction is distinguished from payment in that payment is generally understood to be a discharge by a compliance with the terms of the obligation, or its equivalent, while in an accord and satisfaction the discharge is effected by the performance of terms other than those originally agreed on. . . ” (Our emphasis)”
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.