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← 56 WVA 65 - Simmons v. Simmons

Simmons v. Simmons’s Empirical Analysis

1904

Citation profile

5
cited by 5 later decisions
2
states following
April 1974
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently April 1974

5 state decisions

2019041910192019301940195019601970decided

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 Stevens v. Brown · Sommers v. Allen · Dulin v. McCaw · Parsons v. Snider · Focke v. Waters

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

  1. ““As the declaration is the basis of the main action, as to which the attachment is a mere ancillary •proceeding, the claim or demand set forth in the former must be regarded as the one intended to be enforced. Since the demand set up in the affidavit differs from it, the plaintiff fails to comply with that requirement of the statute which says the affidavit shall state the nature of the plaintiff’s claim. It does not state the claim shown by the declaration, but a different claim.””
    1 later decision quote this exact passage
  2. ““ ‘A plaintiff may not attach for one cause of action, and having sustained his writ, declare for another.’ [Citations omitted.] * * * The cases uniformly hold that a difference in substance between the declaration and affidavit is fatal, . . . .” (Emphasis supplied.) Id., at page 67.”
    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.