Higgins v. Barnes’s Empirical Analysis
1987
Citation profile
2 federal appellate · 12 district · 105 state decisions
How this case has been cited
Cited by 121 later decisions — most recently March 2022 · most notably Davis v. Slater (2004), Kann v. Kann (1997)
2 federal appellate · 12 district · 105 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 Beacon Theaters Inc v. C Westover · Cromwell v. County of Sac · Dairy Queen, Inc. v. Wood · Ross v. Bernhard · Tull v. United States
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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Higgins’ demand for a jury trial should have been granted as to the issues raised by her answer and counterclaim, and those issues should have been tried first. After a jury had determined Higgins’ entitlement, if any, to damages result ing from deficiencies in construction, the trial judge should have determined whether specific performance was appropriate. The judgment entered by the court would reflect an adjustment in accordance 'with the finding of the jury, thereby giving full effect to Higgins’ right to a jury trial.””
3 later decisions quote this exact passage““We are constitutionally required to ‘inviolably preserve’ the right of trial by jury in actions at law, and so ‘where both legal and equitable issues are presented in a single case, “only under the most imperative circumstances ... can the right to a jury trial of legal issues be lost through prior determination of equitable claims.” ’ ” (Ellipses in original.)”
3 later decisions quote this exact passage“[tjhere shall be one form of action known as 'civil action.’”
3 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.