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← 569 P2D 977 - Johnson v. McDaniel

Johnson v. McDaniel’s Empirical Analysis

1977

Citation profile

7
cited by 7 later decisions
1
states following
March 2015
most recently cited

6 state decisions

How this case has been cited

Cited by 7 later decisions — most recently March 2015

6 state decisions

2019771980199020002010decided

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 Mullane v. Central Hanover Bank & Trust Co. · Bomford v. Socony Mobil Oil Co. · Farmers' Union Co-Operative Royalty Co. v. Woodward · Tate v. Robertson · Talley v. Carley

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

  1. “When a default judgment sought in any action against a party-defendant who was served solely by publication (i.e., upon whom no notice by mailing was effected), the judge shall conduct an inquiry either in open court or in chambers to determine judicially whether plaintiff, or someone acting in his behalf, did make a diligent and meaningful search of all reasonably available sources at hand and failed to ascertain from it the following data: (a) the whereabouts or mailing address of every person named as defendant who was so served in the action. . . . . . . . If, after hearing the evidence the judge finds that plaintiff did in fact exercise due diligence in conducting a meaningful search, the following recitation should be included in the journal entry of judgment: 'The Court conducted a judicial inquiry into the sufficiency of plaintiff's search to determine the names and whereabouts of the defendants who were served herein by publication, and based on the evidence adduced the Court finds that plaintiff has exercised due diligence and has conducted a meaningful search of all reasonably available sources at hand. The Court approves the publication service given herein as meeting both statutory requirements and the minimum standards of state and federal due process.'”
    2 later decisions quote this exact passage
  2. “[a]ll sources must be exhausted in a meaningful pursuit of information as to a defendant's whereabouts.”
    2 later decisions 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.