Brownson v. New’s Empirical Analysis
1953
Citation profile
29 state decisions
How this case has been cited
Cited by 29 later decisions — most recently June 2009 · most notably Pitre v. Pitre (1965), Carnes v. Meador (1975)
29 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 Elgin Ry Co v. Burley · Sartor v. Arkansas Natural Gas Corp. · United States v. Throckmorton · Associated Press v. United States · Alexander v. Hagedorn
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order to test whether or not any pleaded issue is a genuine one, the allegation creating the issue may be attacked by the affidavit of one competent to testify, which asserts a set of facts contrary to the allegation. If this affidavit he traversed by proper affidavit or if, in accordance with the rule a satisfactory statement be made as to inability to counter the movant’s affidavit, the motion fails because the record then does not show that no genuine issue of fact exists. Rule 166-A(e) ; Anderson v. United States, 1 Cir., 182 F.2d 296 ; Burley v. Elgin, Joliet & Eastern Ry. Co., 7 Cir., 140 F.2d 488 , affirmed 325 U.S. 711 , 65 S.Ct. 1282 , 89 L.Ed. 1886 , Id., 327 U.S. 661 , 66 S.Ct. 721 , 90 L.Ed. 928 ; McDonald, Summary Judgments, 30 Tex.Law Review 285, 296, 299; 4 McDonald, Texas Civil Practice 1379, 1388, § 17.26. When, however, as is. the case here, the movant proceeds without supporting affidavits, the motion is necessarily directed solely to the adequacy of the pleading as a matter of law.””
1 later decision quote this exact passage““ * * * the husband is by law the manager of the community estate, and a trust relationship exists between him and the wife. His representations as to the nature and extent of the community estate, if false, are treated as a species of extrinsic fraud, justifying the modification of the property settlement upon the theory of an implied trust, in accordance with applicable equitable principles.” Brownson v. New, Tex.Civ.App., 259 S.W.2d 277, 281 [9-12], “The right of a party to maintain an action to litigate rights as to community property when the fraud of the other party has prevented a litigation of such rights in a prior proceeding is well established.” Novy v. Novy, Tex.Civ.App., 231 S.W.2d 780, 782 [2],”
1 later decision quote this exact passagee.g. Carver v. Huff
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.