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← 433 SW2D 241 - Kelsey v. Hill

Kelsey v. Hill’s Empirical Analysis

1968

Citation profile

5
cited by 5 later decisions
1
states following
March 1975
most recently cited

5 state decisions

Relationships

Relies on Petroleum Anchor Equipment, Inc. v. Tyra

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The case previously cited, Petroleum Anchor Equipment, Inc., v. Tyra, 406 S.W.2d 891 (Tex.1966) considers the effect on current practice of Texas Rules of Civil Procedure, rule 39 governing join-der of necessary parties. Referring to the rule the opinion says: ‘It is * * * at once apparent that “persons having a joint interest” within the meaning of paragraph (a), properly interpreted, are indispensable parties, * * The section referred to in the rule states that:‘Persons having a joint interest shall be made parties and be joined as plaintiffs or defendants.’ The term ‘joint interest’ means joined together in interest, a united interest or an interest shared in common. A comprehensive definition applicable in all cases detailing the meaning and procedural consequence of the term ‘joint interest’, as the term is used in the rule, would be extremely difficult to fashion. For the purposes at hand a useable test for isolating indispensable parties may be suggested, however. It is this: When a person’s interest in the subject matter of a suit is directly involved and must be considered and decided in the process of adjudicating the issues between the parties actually named in the suit, the person has a joint interest in the subject matter of the suit and is an indispensable party to the action.””
    2 later decisions 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.