Public-domain · open source
OpenJurist
← 269 P2D 345 - Clark v. Kinder

Clark v. Kinder’s Empirical Analysis

1954

Citation profile

2
cited by 2 later decisions
1
states following
September 1962
most recently cited

2 state decisions

Relationships

Relies on Harrison v. Orwig · Thomsen v. Thomsen · Burns v. Pittsburg Mortgage Investment Co. · Guardianship of Andrews · Armstrong v. Martin

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““This brings us to the principal ground. Plaintiff’s main argument is that the district court did not have jurisdiction to order partition and sale of the property in the partition suit, and the principal objection is that the petition showed that the administration of the estate of Margaret S. Clark was pending in the county court, and, therefore, the district court did not have jurisdiction. The facts as to this were that the partition suit was filed by Ray Clark, a minor, by John J. Davis, his next friend, and by Orlando Clark, an incompetent, by John J. Davis, his guardian. Orlando Clark had inherited a %ths interest in the property from his father, William Clark. George Clark, the father of Ray Clark, had also inherited %ths interest as a son of William Clark, deceased, and Ray had inherited his father’s %ths interest. The two plaintiffs therefore owned %ths interest in the property. The defendant, Minnie Clark Williams, had inherited a %ths interest from her father, William Clark. Minnie Clark Williams was also the administratrix of the estate of Margaret S. Clark, widow of William Clark, deceased, and she filed an application to intervene and join as party defendant. A different question would be presented if this was the estate of Margaret S. Clark that was involved in the partition suit and owned the land that was being partitioned. However, this is not so, because the partition was of the property inherited from the father, William Clark, and there were no pending a”
    2 later decisions 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.