Thacker v. Thacker’s Empirical Analysis
1973
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently September 2015 · most notably Stubbs v. Stubbs (1985), Fears v. Mechanical & Industrial Technicians, Inc. (1983)
34 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 Lawyers Lloyds v. Webb · Petroleum Casualty Co. v. Garrison · Byrnes v. Blair · Leuer v. Smith · Thacker v. Thacker
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... The statute was intended to cut off the right of appeal by writ of error of those who participate in the hearing in open court in the trial that leads to final judgment. It was not intended to cut off the right of those who discover that a judgment has been rendered against them after the judgment has been rendered, and who participate only to the extent of seeking a new trial. (Emphasis added.)”
6 later decisions quote this exact passage“In brief, since all party and counsel participation necessary to ... present the summary judgment situation is required to be concluded prior to the day set for hearing the motion, and no oral testimony is permitted at the hearing, there is no rule provision or necessity for party or counsel participation at the hearing granting the motion for summary judgment. Under the undisputed factual circumstances presented, all prerequisite party and counsel participation preparatory to the hearing set on the motions for summary judgment was required to be taken, and had occurred, prior to the hearing day; no participation was required at the hearing ... at which summary judgment was rendered; appellant elected to absent herself from the hearing .... Therefore, appellant sufficiently participated as a party and as an attorney “in the actual trial of the case in the trial court” ..., so as to be denied appellate review through means of writ of error.”
2 later decisions quote this exact passage“[N]o oral testimony shall be received at the hearing. The judgment sought shall be rendered forthwith if (i) the deposition transcripts, interrogatory answers, and other discovery responses referenced or set forth in the motion or response, and (ii) the pleadings, admissions, affidavits, stipulations of the parties, and authenticated or certified public records, if any, on file at the time of the hearing, or filed thereafter and with permission of the court, show that, except as to the amount of damages, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the issues expressly set out in the motion or in an answer or any other response. Issues not expressly presented to the trial court by written motion, answer or other response shall not be considered on appeal as grounds for reversal. A summary judgment may be based on the uncontroverted testimonial evidence of an interested witness, or of an expert witness as to subject matter concerning which the trier of fact must be guided solely by the opinion testimony of experts, if the evidence is clear, positive and direct, otherwise credible and free from contradictions and inconsistencies, and could have been readily controverted.”
1 later decision quote this exact passagee.g. Dillard v. Patel
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.