Sam B. Herron, Sr. v. V. A. Herron, Jr’s Empirical Analysis
1958
Citation profile
34 federal appellate · 3 district · 11 state decisions
How this case has been cited
Cited by 62 later decisions — most recently February 2013 · most notably Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc. (1982), Bethel v. Jendoco Construction Corp. (1978)
34 federal appellate · 3 district · 11 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 Suckow Borax Mines Consolidated, Inc. v. Borax Consolidated, Ltd. · Gossard v. Gossard · A. G. Reeves Steel Const. Co. v. Weiss · Berry v. Chrysler Corp.
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, * * *.”
1 later decision quote this exact passage · from the majority“(t)here is general agreement . . . that even the defenses of limitations or laches may be asserted by motion to dismiss for failure to state a claim provided that the complaint shows affirmatively that the claim is barred”
1 later decision quote this exact passage · from the majority
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.