56 Ohio App. 2d 144 - Eisenberg v. Peyton’s Empirical Analysis
1978
Citation profile
46 state decisions
How this case has been cited
Cited by 46 later decisions — most recently November 2024 · most notably 111 Ohio App. 3d 357 - Kilroy v. B.H. Lakeshore Co. (1996), 136 Ohio App. 3d 211 - Harkai v. Scherba Industries, Inc. (2000)
46 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 117 Ohio St. 481 - Tari v. State · Romito v. Maxwell · 29 Ohio App. 2d 79 - City of Cleveland v. Whipkey · 45 Ohio App. 2d 132 - Logue v. Wilson · 51 Ohio App. 2d 209 - Ivywood Apartments v. Bennett
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“After the thirty day time for the appeal of a judgment has run, the voidability of the judgment is removed, except in the limited circumstances under Civil Rule 60. If the judgment was voidable and not appealed, it is not a mere nullity, it cannot be disregarded, it cannot be attacked collaterally, and it remains in full force and effect.”
2 later decisions quote this exact passage““The failure to comply with Civil Rule 53 constitutes grounds upon which the appellate court may reverse the judgment of the trial court. As with any other procedural deficiency, upon a showing that the assigned error has merit and that it worked to the prejudice of the appellant, the judgment of the lower court will be set aside. Thus, all judgments of the trial court are potentially voidable. This potentiality, however, does not alone impair the validity of the judgment. “The mere raising as an assignment of error the trial court’s failure to comply with Civil Rule 53, as in the case of any other assigned error, does not automatically affect the validity of the Court’s judgment.* * *” (Emphasis added.) Id., at 151 .”
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.