Hanks v. Rosser’s Empirical Analysis
1964
Citation profile
115 state decisions
How this case has been cited
Cited by 115 later decisions — most recently August 2017 · most notably Ivy v. Carrell (1966), Baker v. Goldsmith (1979)
115 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 Craddock v. Sunshine Bus Lines, Inc. · Alexander v. Hagedorn · Tobin v. Garcia · Tobin v. Garcia · Johnson v. Templeton
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 115 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But while manifest injustice to the defaulting party is a material consideration, another is the necessity for there being finality to judgments.””
12 later decisions quote this exact passage““. . .A default judgment should be set aside and a new trial ordered in any case in which the failure of the defendant to answer before judgment was not intentional, or the result of conscious indifference on his part, but was due to a mistake or an accident; provided the motion for a new trial sets up a meritorious defense and is filed at a time when the granting thereof will occasion no delay or otherwise work an injury to the plaintiff. This is a just rule. It prevents an injustice to the defendant without working an injustice on the plaintiff. Such a rule has the sanction of equity.””
3 later decisions quote this exact passage“As we read Hanks , where the clerk gives misinformation, the supreme court eliminated the Hagedom requirements (1) that the defendant was prevented from answering by the fraud, accident, or wrongful act of the other party and (2) that the failure to answer was unmixed with any fault or negligence on the defendant’s part. Instead of freedom from fault or negligence in failing to answer, the court required a lesser standard that the failure to answer was not intentional or the result of conscious indifference. In lieu of the Hagedorn requirement of proving that the defendant was prevented from answering by some wrongful act of the opposite party, the Hanks court substituted the requirement of misinformation by the clerk and the showing that no injury will result to the opposite party. Thus, in the situation of misinformation by the clerk, Hanks reduced substantially the burden upon the defendant in obtaining a bill of review.”
1 later decision quote this exact passagee.g. Edgin v. Blasi
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.