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← 540 SW2D 220 - Dolan v. Dolan

Dolan v. Dolan’s Empirical Analysis

1976

Citation profile

4
cited by 4 later decisions
1
states following
May 2005
most recently cited

4 state decisions

Relationships

Relies on State ex rel. McManus v. Muench · Bayer v. Associated Underwriters, Inc. · Hughes v. Wagner

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

  1. “In Bayer v. Associated Underwriters, Inc., 402 S.W.2d 11 [, 13] (Mo.App.1966), we followed the oft-cited opinion of Lamm, J., [in] State ex rel. McManus v. Muench, 217 Mo. 124 , 117 S.W. 25 [1][, 29] (1909), and ruled: [“]Courts do not set themselves in motion but remain passive until the issues are framed by the parties; that what the court decides within those issues is res judicata, but anything beyond is coram non judice and void. So, at the hearing now under consideration the ambit of the court’s authority was limited to the area of controversy which the parties had adopted and the court itself had preseribed.[”] This cardinal principle has been applied in other divorce actions, voiding judgments to the extent they grant relief beyond the pleadings. See Hughes v. Wagner, 303 S.W.2d 181 [1, 2] (Mo.App.1957), and Dickey v. Dickey, 132 S.W.2d 1026 [4-8] (Mo.App.1939).”
    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.