Brown v. Clark’s Empirical Analysis
1977
Citation profile
11 state decisions
How this case has been cited
Cited by 12 later decisions — most recently August 2005
11 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 Gulf, Colorado & Santa Fe Railway Co. v. McBride · Hidalgo v. Surety Savings and Loan Association · Nichols v. Smith · Claude v. Gateway National Bank of Beaumont · Wilson v. Browning Arms Company
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.
“The rules governing actions on a sworn account are narrow and certain. A claim on a sworn account when properly styled and verified, constitutes prima facie evidence of the validity of the claim unless the opposing party files a written denial under oath stating that some or all of the account items are not just and true. Tex. R.Civ.P. 185, 93(k). Strict adherence to the requirements of these rules is required .... A defendant’s failure to file his answer in the language of Rule 185 can be fatal.... Such a failure amounts to an admission that the account is correct and therefore no issue of fact as to the validity of the claim is presented.... The absence of any issue of fact related to the validity of the claim which stems from the deficiency in the appellant’s pleadings, forms the basis for an award of summary judgment on the pleadings. . ..”
1 later decision quote this exact passage“Under the peculiar rules governing causes of action on sworn account, the burden of going forward with evidence on affirmative defenses falls upon the one asserting such defenses, particularly in summary judgment proceedings. Nichols v. Smith, 507 S.W.2d 518 (Tex.1974). The failure of Appellant to come forward with summary judgment proof supporting his affirmative defense was a fatal error. Id.”
1 later decision quote this exact passage“Such defenses of confession and avoidance are available in a suit on a verified account even in the absence of a sworn denial. Television Broadcasters, Inc. v. Motion Pictures for Television, Inc., 368 S.W.2d 851 (Tex.Civ.App.—Beaumont 1963, no writ); Rose v. Shearrer, 431 S.W.2d 939 (Tex.Civ.App.—San Antonio 1968, no writ).”
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.