De Mayo v. Lyons’s Empirical Analysis
1950
Citation profile
47 state decisions
How this case has been cited
Cited by 49 later decisions — most recently June 2001 · most notably 116 Wash. 2d 39 - State v. ANW Seed Corporation (1991), Morrison v. Caspersen (1960)
47 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 Baldwin v. Scott County Milling Co. · State Ex Rel. Abeille Fire Insurance v. Sevier · Hurst Automatic Switch & Signal Co. v. Trust Company · Aetna Insurance Co. v. Hyde · Teasdale v. Stoller
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The power of a Court to repair the injury occasioned by its own wrongful adjudication, is not derived from a mandate of the appellate forum, made upon rendering the judgment or decree of reversal, but is substantially the same which it exercises when its own process has been abused, or used without authority, by its suitors or ministerial officers. * * * When a judgment or decree for the defendant is reversed, then the Appellate Court, in proceeding to render such judgment or decree as the Court below ought to have rendered, gives to the plaintiff the relief to which he was entitled; but when a judgment or decree for the plaintiff is reversed, then the Appellate Court, in proceeding to render such judgment or decree as the Court below ought to have rendered, dismisses, in appropriate language, the plaintiff’s action or suit. In the latter case, there is no adjudication in the Appellate Court of the question of restitution, hut the mandate for it follows as a declaration or designation of the legal effect of the adjudicated reversal and dismissal.’”
1 later decision quote this exact passage“According to the evidence, the whiskey disposed of by plaintiff was sold at prices at least equal to the fair market value thereof. Upon a retrial of their motion for restitution, appellants (defendants) are entitled to recover the amount realized by plaintiff (DeMayo) upon various sales of the whiskey obtained under execution, together with the reasonable market value of the whiskey as to which a sale by him is not established, and to the payment of interest upon the amount so established from the date of levy under the execution issued by the circuit court. They are also entitled to the repayment of all taxable costs paid by them upon the original trial, upon the first appeal, and upon this appeal.”
1 later decision quote this exact passagee.g. De Mayo v. Lyons“The circuit court was under a duty to obey the mandate of this Court and to conform to the judgment of this Court. It had no discretion to refuse to grant appellants (defendants) restitution against respondents (plaintiffs) in accordance with the facts established upon the motion for restitution and its judgment denying restitution is erroneous.”
1 later decision quote this exact passagee.g. De Mayo v. Lyons
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.