Welborn v. Kimmerling’s Empirical Analysis
1909
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently August 1982
14 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 Edward Prigg v. Commonwealth of Pennsylvania · Sonnemann v. Mertz · Miller v. McGlaun · Meyers v. Johnson · Tate v. Foshee
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is not necessary, however, that the word “demand” be used in making a demand before the bringing of a suit, but if any word or words are used and understood by both parties that a demand is being made, then that would be sufficient. A demand is a peremptory claim to a thing as a matter of right. It differs from a claim, in that it presupposes that there is no defense nor doubt about the question of right. Demand will not admit of delay, while on the other hand, claim implies that the right is or may be doubtful, and that negotiations shall be had to determine it.”
1 later decision quote this exact passage““It is a familiar rule that a plaintiff in ejectment must recover on the strength of his own title, and show in himself a present right to enter and [take possession] without regard to the character of defendant’s possession. In this contention appellant is correct. Clawson v. Doe (1840), 5 Blackf. 300 ; Stackhouse v. Doe (1841), 5 Blackf. 570 ; Doe v. Brown (1844), 7 Blackf. 142 , 41 Am. Dec. 217 ; Prentice v. Wilson (1852), 14 Ill. 91 ; Prigg v. Pennsylvania (1842), 16 Pet. (U.S.) , 10 L.Ed. 1060 .” 46 Ind. App. at 103 , 89 N.E. at 519 .”
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.