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← 569 SW2D 320 - Shaffer v. Cochenour

Shaffer v. Cochenour’s Empirical Analysis

1978

Citation profile

13
cited by 13 later decisions
1
states following
March 1996
most recently cited

13 state decisions

How this case has been cited

Cited by 13 later decisions — most recently March 1996

13 state decisions

80197819801990decided

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 Laswell v. Industrial Commission of Missouri, Division of Employment Security · Cole v. Smith · Blatt v. Haile · State Ex Rel. O'Connell v. Crandall · State Ex Rel. Cooper v. Cloyd

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

  1. “The purpose of § 473.083 is to join all interested parties in the will contest suit. Crawford v. Bashor, supra [ 564 S.W.2d 323 (Mo.App.1978) ]. In our application of the statute we are to give effect to that purpose. Laswell v. Industrial Com’n of Missouri, Etc., 534 S.W.2d 613 (Mo.App.1976). We are also to interpret the language of statutes reasonably. Hill v. Missouri Dept. of Public Health & Welfare, 520 S.W.2d 182 (Mo.App.1975). The purpose of § 473.087 is fully met here inasmuch as Barbara Clowser was a party plaintiff to the proceedings and had full notice of them. In construing the rule requiring all beneficiaries to a will contest to be made parties to the proceedings, our Supreme Court said in Donnan v. Donnan, 264 S.W.2d 318, 328 (Mo.1954): “We do not construe the ... rule ... as applicable to every judgment setting aside a will, or as invariably requiring the joinder of a named beneficiary in a contest resulting in such a judgment. The purpose of that rule is to afford the beneficiary an opportunity to appear for the purpose of protecting his or her interest under the will and of supporting and defending the writing upon which his or her interest depends, and to have all necessary parties bound by the judgment.” (original emphasis)”
    1 later decision quote this exact passage
  2. ““In any such action the petitioner shall proceed diligently to secure and complete service of process as provided by law on all parties defendant. If service of process is not secured and completed upon all parties defendant within ninety days after the petition is filed, the petition, on motion of any defendant, duly served upon the petitioner or his attorney of record, in the absence of a showing by the petitioner of good cause for failure to secure and complete service, shall be dismissed at the cost of the petitioner.” (Emphasis ours.)”
    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.