26 Ohio App. 3d 112 - Weaver v. Donnerberg’s Empirical Analysis
1985
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently April 2024
9 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 Smith v. Klem · 70 Ohio St. 2d 213 - State ex rel. Smith v. Court of Common Pleas · Hardesty v. Cabotage · 2 Ohio App. 3d 113 - Williams v. Jerry L. Kaltenbach Ent., Inc.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘ * * * (1) the claim asserted in the amended pleading arises out of the conduct, transaction, or occurrence set forth in the original pleading; (2) within the period provided by law for commencing the action against him, the party to be brought in received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits; and (3) within the period provided by law for commencing the action against him, the party to be brought in knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him. * * * ’ ” Weaver v. Donnerberg (1985), 26 Ohio App.3d 112, 115 , 26 OBR 323, 325-326, 498 N.E.2d 496, 499 . See, generally, 3 Moore, supra, Paragraph 15.15[4], at 150-156 et seq.”
1 later decision quote this exact passage“[i]t is tentatively considered a valid commencement subject to being voided if within one year service has not been had.”
1 later decision quote this exact passagee.g. Davis v. Fox“*** civil action is commenced by filing a complaint with the court, if service is obtained within one year ***,”
1 later decision quote this exact passagee.g. Davis v. Fox
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.