Ellsberry v. Block’s Empirical Analysis
1901
Citation profile
1 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 7 later decisions — most recently July 1998
1 federal appellate · 1 district · 5 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 Craig v. Smith · Dessauer v. Koppin
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Other material Code provisions are to the effect that two or more persons transacting business under a common name may be sued by such name, and the summons served on one or more of the associates, but the judgment in such case shall bind only the joint property of the associates and the separate property of those served. Section 14. In an action against defendants jointly indebted, the plaintiff may have judgment against all such defendants, but such judgment can only be enforced against the joint property of all and the separate property of the defendants served. Section 42. The purpose of these provisions was to provide a method of procedure whereby a partnership might be sued upon its obligations, its members brought into court, judgment rendered which would bind the firm and individuals served, and that those not served with summons might be subsequently brought in, and a judgment entered which would be personally binding upon them. These provisions do not alter any of the fundamental principles of the law as to the joint liability of partners, but are merely intended to change the common law in point of practice; for, according to the rules of the latter, in an action at law against several defendants jointly liable only, all must be served with process before judgment could be rendered. Neither have they changed the equitable rule that in an action at law upon a partnership obligation the members served with process have the right to insist that the assets of the firm”
1 later decision quote this exact passage · from the majoritye.g. Sargeant v. Grimes
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.