Old v. Clark’s Empirical Analysis
1925
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently August 1989 · most notably Wichita Falls & Southern Railroad v. McDonald (1943), Texas Highway Department v. Jarrell (1967)
36 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 Edmonds v. White · Campbell v. Wylie · Winslow v. Gentry · Texas Hardwood Co. v. Moore · Haddaway v. Burford
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Article 1903, Revised Statutes 1911 [now articles 2007, 2008], provides for a trial of the issues made on a question of venue by the filing of a plea of privilege by a plaintiff and a controverting plea by defendant. The issues on this question are tried on pleadings separate and distinct from the pleadings in the main case, and this trial is clothed with all the solemnity and deliberateness that attend the trial of the main case. The allowance of an appeal gives statutory finality to a judgment entered on such a trial. The issues determined on such a trial touch the substantial rights of the parties. The public- welfare and the dictates of common justice demand that there should be an end to litigation, and this doctrine applies with just as much force to the issues arising out of a trial of a plea of privilege as it does to issues arising out of any other trial. * * * “We think the. manifest intention of the Legislature in its provision for the trial of the issues raised by the filing of pleas of privilege, as contained in said Article 1903 [now articles 2007, 2008], is that the judgment entered on trial of a plea of privilege, when it becomes final, shall be conclusive against the parties on. these same issues, whenever and wherever the subject-matter of the main suit is litigated between the same parties. This announcement is sustained by 34' O. J. 764, in the following language: “ ‘But orders affecting substantial rights, fully litigated, and from which an appeal lies, ”
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.