Gardner v. Gardner’s Empirical Analysis
1978
Citation profile
51 state decisions
How this case has been cited
Cited by 51 later decisions — most recently December 2017 · most notably Quick v. Quick (1982), Bockweg v. Anderson (1993)
51 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 Semmes Motors, Inc. v. Ford Motor Co. · Cameron v. Cameron · United States of America, Libelant-Appellant v. Eastport Steamship Corporation · State Ex Rel. Fawkes v. Bland · Lawhorn v. Atlantic Refining Co.
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) At the time the action was commenced the claim was the subject of another pending action, or (2) The opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this rule.”
10 later decisions quote this exact passage“Any claim which is filed as an independent, separate action by one spouse during the pendency of a prior claim filed by the other spouse and which may be denominated a compulsory counterclaim under Rule 13 (a), may not be prosecuted during the pendency of the prior action but must be dismissed with leave to file it as a counterclaim in the prior action or stayed until final judgment has been entered in that action. The claim, however, will not be barred by reason of Rule 13(a) if it is filed after final judgment has been entered in the prior action.”
3 later decisions quote this exact passage“. . . [I]n order to give effect to the purpose of Rule 13(a) [,] once its applicability to a second independent action has been determined, this second action must on motion be either (1) dismissed with leave to file it in the former case or (2) stayed until the former case has been finally determined.”
2 later decisions 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.