Dyche v. Simmons’s Empirical Analysis
1954
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently November 1985 · most notably Armstrong v. West Texas Rig Company (1960), Kavanagh v. Holcombe (1958)
42 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 Dallas Storage & Warehouse Co. v. Taylor · Independent Life Insurance Co. of America v. Work · A. F. Jones & Sons v. Republic Supply Co. · Glasco v. Frazer · Mellette v. Hudstan Oil 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is to be noted that a suit on sworn account presupposes a contract or series of contracts which is performed by the one party who sues the other thereto for performance in turn of his obligations thereunder Under T.R.C.P. 185 a verified denial other than as provided therein, even including a verified denial that there had been any performance as alleged by a plaintiff, does not overcome a prima facie case made by a plaintiff’s petition properly filed thereunder. Glasco v. Frazer, Tex.Civ.App. Dallas, 1949, 225 S.W.2d 633 , error dismissed. The same thing would be true under the applicable section of T.R. C.P. 93. Yet, even with the contractual relationship and correctness of the account admitted, sworn allegation to the effect that the defendant would be relieved of obligation for any payment on the contract under certain conditions or contingencies, alleged also to have occurred, also would be a complete answer. 1 Tex.Jur., p. 357, sec. 61.””
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.