Burns v. McKoy’s Empirical Analysis
1970
Citation profile
3
cited by 3 later decisions
1
states following
June 1975
most recently cited
3 state decisions
Relationships
Relies on E. L. Witt & Sons v. Stith · Stillwell v. City of Fort Worth · Stillwell v. City of Fort Worth · Rutledge v. Valley Evening Monitor · Caperton v. Thorpe
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Even if proper special exceptions had been directed to the allegations in appellant’s petition, and had been sustained by the court, the case should not have been dismissed by the court without first giving appellant an opportunity to amend his petition. . . . The law is well established in Texas that the right to amend is mandatory and that before a pleading can be dismissed for want of form or other defectiveness, the party affected must have an opportunity to amend. If he declines to amend, the pleading if insufficient may then be dismissed. (Cites cases.)””
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.