Ward v. Nava’s Empirical Analysis
1972
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently August 2014 · most notably Primate Construction, Inc. v. Silver (1994), Bank One, Texas, N.A. v. Moody (1992)
47 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. · Ivy v. Carrell · Sanders v. Harder · Ward v. Nava
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The motion must allege facts which in law would constitute a defense to the' cause of action asserted by the plaintiff, and must be supported by affidavits or other evidence proving prima facie that the defendant has such meritorious defense.’ ” (Emphasis added)”
3 later decisions quote this exact passage“Ward stated in this affidavit that he was not served in person; that on Friday, November 19, 1971, someone, whose name he did not remember, called and asked about the lawsuit. Ward did not elaborate as to the identity of the party calling nor did he state for what reason the party calling might have an interest in the case. As a result of the call, Ward began looking for the papers that were supposed to have been served on him. He found the petition in his house as a result of his search on Sunday, November 21, and presumed that it had originally been left in his mailbox. He forgot to take the papers the next day, but delivered them to his insurance agent the following day, November 28, 1971. By this time the default judgment had been entered. The actions of Ward in searching for the papers and in promptly taking the papers to the insurance agent on their discovery constitute some corroborating evidence of Ward’s contention that he had not been served.”
1 later decision quote this exact passage“the testimony of the moving party alone, without corroborating facts or circumstances, is not sufficient to overcome”
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.