Albright v. Warkentin’s Empirical Analysis
1884
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently July 1970 · most notably Gray v. Lawlor (1907), Nation v. Savely (1927)
30 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.
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Indeed, in order to do justice to both parties, the provisions of that section [Code, § 77] should be construed in no technical way, but fairly and reasonably. Every party ought to have his day in court; and while service by publication, which in fact imparts no actual notice, must be sustained, yet a party thus served, and who has in fact no knowledge of the proceedings, ought to be granted a hearing if it can be possibly done consistent with the rights of other parties. The section provides ample protection to third parties dealing with property on the faith of the judgment, and the plaintiff certainly has no right to complain if within a reasonable time, which by statute is fixed at three years, the defendant demands an opportunity of litigating with him the justice of the claim. In fact, a judgment upon service by publication is as between the parties in the nature of a conditional judgment, one which becomes final and absolute only at the expiration of three years, and liable in the meantime to be opened whenever the defendant brings himself within the provisions of the section.” (Page 445. See, also, Sperring v. Hudson, 37 Kan. 104, 106 , 14 Pac. 489 .)”
4 later decisions quote this exact passage · from the majority““A party against whom a judgment or order has been rendered, without other service than'by publication in a newspaper, may, at any time within three years after the date of the judgment or order, have the same •opeiíed, and be let in to defend.” (§77.)”
2 later decisions quote this exact passage · from the majoritye.g. Leslie v. Gibson · Wise v. Davis
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.