Gorzel v. Orlamander’s Empirical Analysis
1961
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 2016 · most notably Sullenger v. Cooke Sales & Service Co. (1983), In Re the Marriage of Bradford (1977)
32 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 Parks v. Coyne · State Ex Rel. Conant v. Trimble · Whitledge v. Anderson Air Activities, Inc. · Dalton v. Johnson · Wenzel v. Wenzel
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[N]o proof was offered to support any of the allegations in the motion. The motion did not prove itself. It was not verified, no affidavits in support thereof were filed, and no testimony was offered at the hearing of the motion. As a prerequisite to obtaining the relief prayed for it was incumbent upon defendants to prove in some manner that (1) they had good reason or excuse for the default, and (2) that they had a meritorious defense to the action.”
2 later decisions quote this exact passage“[W]here a motion to set aside is filed within the period provided for filing motions for new trial, the appellate courts of this state (usually without any discussion of this question) have uniformly considered such motions as being timely and as effective as though denominated a motion for new trial. We do not think it is important whether a motion of this type is denominated a motion to set aside or a motion for new trial. The relief sought is an order setting aside the default judgment and another trial upon the merits. In that situation we think it is reasonable and proper to regard the motion filed by defendants as a motion for new trial, or the equivalent thereof, and we rule that it had the effect of vesting the trial court with jurisdiction to rule the motion upon its merits within the period of 90 days after it was filed.”
1 later decision quote this exact passage“A party is entitled to an evidentiary hearing on a motion to set aside a default judgment if the motion satisfies the pleading requirements of Rule 74.05. The pleading requirements of Rule 74.05(d) provide that a default judgment may be set aside “[ujpon motion showing facts constituting a meritorious defense and good cause shown....” .... A motion to set aside a default judgment does not prove itself and must be supported by affidavits or sworn testimony.”
1 later decision 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.