Webb v. Hardin’s Empirical Analysis
1939
Citation profile
78 state decisions
How this case has been cited
Cited by 78 later decisions — most recently May 1987 · most notably United California Bank v. Prudential Insurance Co. of America (1983), Jacob v. Miner (1948)
78 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 Lawrence v. State · Bragg v. Metropolitan Street Railway Co. · City of Phoenix v. Mayfield · B.W.L. Sam v. State · Carlisle v. Central of Ga. Ry. Co.
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . .In determining whether an instruction is justified, we must consider the evidence in the strongest possible manner in support of the theory of the party asking the instruction.””
2 later decisions quote this exact passage““* .* * But even assuming that the general rule is that a defense of this nature should be specifically pleaded, this court in the very recent case of Munger v. Boardman [ 53 Ariz. 271 ], 88 P.2d 536 , decided March 27, 1939, but not yet reported (in State report), has held, in effect, that wherever there is any evidence appearing in the record upon which the special defense- of estoppel might have been predicated and urged at the trial, this court may itself raise, consider and apply such defense, notwithstanding that it had neither been pleaded nor urged as an issue by either party in the lower court. If this be true, much more does it follow that a defense which appears in the evidence and has been urged in the trial court is permissible, even though it may not have been pleaded. Is there evidence which would sustain such an issue ?””
1 later decision quote this exact passagee.g. Brown v. Beck
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.