Jarrett v. Eichler’s Empirical Analysis
1993
Citation profile
91 state decisions
How this case has been cited
Cited by 91 later decisions — most recently June 2023 · most notably State v. Jacques (1997), Tess v. LAYWERS TITLE INS. CORP. (1997)
91 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 In Re Interest of RG · In Re Bingaman's Estate · Western Smelting & Refining Co. v. First National Bank · Emry v. AMERICAN HONDA MOTOR CO., INC. · Otteman v. Interstate Fire and Casualty Company
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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A special proceeding which affects a substantial right is, by definition, not part of an action. Rather, a special proceeding includes “ ‘every special statutory remedy which is not in itself an action.’ ” In re Interest of R.G., 238 Neb. at 413 , 470 N.W.2d at 787 (quoting Turpin v. Coates, 12 Neb. 321 , 11 N.W. 300 (1882)). Accord Western Smelting & Refining Co. v. First Nat. Bank, 150 Neb. 477, 35 N.W.2d 116 (1948). ... A “special proceeding” occurs when the law has conferred a right and has authorized an application to the court to enforce that right. Sullivan v. Storz, 156 Neb. 177 , 55 N.W.2d 499 (1952).”
1 later decision quote this exact passage · from the concurrence“There are three types of final orders which may be reviewed on appeal. Neb. Rev. Stat. §§ 25-1902 (Reissue 1989) and 25-1911 (Cum. Supp. 1992). The three types are (1) an order which affects a substantial right and which determines the action and prevents a judgment, (2) an order affecting a substantial right made during a special proceeding, and (3) an order affecting a substantial right made on summary application in an action after judgment is rendered.”
1 later decision quote this exact passage“A “special proceeding” occurs when the law has conferred a right and has authorized an application to the court to enforce that right. Sullivan v. Storz, 156 Neb. 177 , 55 N.W.2d 499 (1952). Further, this court has construed the phrase “special proceeding” to mean every civil statutory remedy which is not encompassed in chapter 25 of the Nebraska Revised Statutes.”
1 later decision quote this exact passage · from the concurrence
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.