Public-domain · open source
OpenJurist
← 52 HAW 246 - Monette v. Benjamin

Monette v. Benjamin’s Empirical Analysis

1970

Citation profile

12
cited by 12 later decisions
1
states following
February 2022
most recently cited

12 state decisions

How this case has been cited

Cited by 12 later decisions — most recently February 2022

12 state decisions

60197019801990200020102020decided

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 Coney v. Manele · Harrison v. McCandless · Ward v. Kamanaoulu · In re the Estate of Banning · Territory of Hawaii ex rel. Pratt v. Kapiolani Estate, Ltd.

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A fair reading of the affidavit show[ed] that [the defendant] claimed title to the land in question by inheritance from her father, who in turn had inherited from his father, and that the title claimed by her was an undivided one-sixth interest in fee simple, which descended to her by intestate succession from the immediately preceding sole owner.”
    3 later decisions quote this exact passage
  2. “she [was] the daughter of George Kipapa, who died in 1921, and Julia Kipapa, who died in 1945; that in 1922, she, her mother, and her five brothers moved into a house built by her grandfather on his land at Pahoehoe 3 in North Kona, being the land mentioned in the complaint, which her father had inhexited from his father; that she lived in the house from 1922 on, first with her mother and brothers, and later with her husband, whom she married in 1932; and that she claimed ownei’ship of the property for herself and her brothel’s by inheritance from her father, who had inherited the same from his father.”
    2 later decisions quote this exact passage
  3. “Rule 12.1. Defense of title in district courts. Pleadings. Whenever, in the district court, in defense of an action in the nature of an action of trespass or for the summary possession of land, or any other action, the defendant shall seek to interpose a defense to the jurisdiction to the effect that the action is a real action, or one in which the title to real estate is involved, such defense shall be asserted by a written answer or written motion, which shall not be received by the court unless accompanied Ipy an affidavit of the defendant, setting forth tne source, nature and extent of the title claimed by defendant to the land in question, and such further particulars as shall fully apprise the court of the nature of defendant’s claim. |”
    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.