Clark v. Kirby’s Empirical Analysis
1926
Citation profile
6 federal appellate · 43 state decisions
How this case has been cited
Cited by 53 later decisions — most recently April 2015 · most notably Perkins v. Benguet Consolidated Mining Co. (1942), Nasaba Corp. v. Harfred Realty Corp. (1942)
6 federal appellate · 43 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 United States v. Oregon Lumber Co. · Reno v. . Bull · Schenck v. . State Line Telephone Co. · Merry Realty Co. v. Shamokin & Hollis Real Estate Co. · Moller v. . Tuska
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In this state we say that where a party, knowing all the facts, elects to sue in rescission instead of for damages, he must pursue the course he has taken. Even then, if the remedy chosen be insufficient or inadequate or useless, the rule has not barred the plaintiff from taking other timely methods to obtain his rights ... All procedure is merely a methodical means whereby the court reaches out to restore rights and remedy wrongs; it must never become more important than the purpose which it seeks to accomplish. Unless some necessary requirement has been omitted, a wrong move or a mistake in the method of seeking relief from the courts ought not to furnish protection for a wrongful act.”
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.