Cole v. Hoeburg’s Empirical Analysis
1887
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently May 1959
6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ It is claimed that the court below erred in refusing to set aside the service of summons by publication, upon the ground that the poverty affidavit was not 'made before the clerk ’ of the district court. . . . It was sworn to before a justice of the peace, but was filed with the clerk of the district court. . And further, is not an affidavit filed with the clerk of the district court, but sworn to before some other officer, just as good as an affidavit filed with such clerk and sworn to before him ? The statute does not in terms say that the affidavit shall be sworn to before the clerk. It simply says, ‘ that in any case where the plaintiff or plaintiffs have a just cause of action against the defendant or defendants, by reason of his, her or their poverty, is or are unable to give such security for costs, on affidavit of the plaintiff or plaintiffs made before the clerk that such is the fact, no bond shall be required.’ Now, may not an affidavit sworn t© before some proper officer, and filed with the clerk, be considered as an affidavit made before the clerk?””
1 later decision quote this exact passage · from the majority“"Every material allegation of the petition not controverted by the answer, ... shall for the purposes of the action be taken as true; ... Allegations of value, or of amount of damages, shall not be considered as true by failure to controvert them; but this shall not apply to the amount claimed in actions on contract, express or implied, for the recovery of money only." (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Becker v. Roothe
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.