Papin v. Papin’s Empirical Analysis
1972
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently August 2018
20 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 Sprage v. Ticonic Nat Bank · Kansas City Southern Ry Co v. Guardian Trust Co · Jesser v. Mayfair Hotel, Inc. · Jesser v. Mayfair Hotel, Inc. · Papin v. Papin
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“no further decree by it was required because the direction of the mandate was that the judgment previously entered by the trial court 'be in all things affirmed and stand in full force and effect.' " Id. at 75-76 . Here, as in Papin , Kinsey failed to request attorney's fees against Clark in either his pleadings or by motion to the trial court prior to appeal in Clark II . Nor did Kinsey request attorney's fees on appeal, pursuant to our Local Rule 400, which requires a party to make such a request prior to the submission of the cause. 5 Rather, it was not until nearly one year after this Court issued its mandate, affirming summary judgment, that Kinsey filed a counterclaim and motion requesting attorney's fees as the prevailing party in Clark II . Our mandate in Clark II was clear and specific. It directed the trial court to proceed on Mantia's claims alone, and specified the trial court's judgment as to Clark's claims "be affirmed in all respects in accordance with this Court's opinion delivered May 3, 2016.”
1 later decision quote this exact passagee.g. Clark v. Kinsey“Id. After receiving the mandate, the trial court allowed defendants, who had not previously prayed or moved for an award of fees, to amend their answer to seek attorney's fees, and then granted the request after a hearing. Id. On appeal from the trial court's grant of attorney's fees, the Missouri Supreme Court found the trial court exceeded the scope of the mandate when it awarded attorney's fees to the defendants. Id. The Court concluded the trial court needed only to file the mandate, and”
1 later decision quote this exact passagee.g. Clark v. Kinsey
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.