Austin v. Smith’s Empirical Analysis
312 F.2d 337 · 1962
Citation profile
17 federal appellate · 7 district · 36 state decisions
How this case has been cited
Cited by 84 later decisions — most recently January 2026 · most notably V. T. A., Inc. v. Airco, Inc. (1979), United States v. Boch Oldsmobile, Inc. (1990)
17 federal appellate · 7 district · 36 state decisions — followed in 13 states
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
Applies 28 U.S.C. § 2072
Relies on Sibbach v. Wilson & Co. · Adam v. Saenger · Galpin v. Page · Settlemier v. Sullivan · Dick v. Foraker
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A void judgment can acquire no validity because of laches on the part of one who applies for relief from it.”
7 later decisions quote this exact passage · from the majority“[i]f the record is silent with respect to any fact which must have been established before the court could have rightly acted, it will be presumed that such fact was properly brought to its knowledge. But if the record give the evidence or make an averment with respect to a jurisdictional fact, it will be taken to speak the truth ... and no presumption will be allowed that other and different evidence was produced, or that the fact was otherwise than as averred.”
2 later decisions quote this exact passage · from the majority
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.