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← 641 SW2D 824 - Powell v. Ware

Powell v. Ware’s Empirical Analysis

1982

Citation profile

5
cited by 5 later decisions
1
states following
August 2009
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently August 2009

5 state decisions

20198219902000decided

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 Cole v. Smith · Blatt v. Haile · Gillman v. Mercantile Trust Co., Nat. Ass'n · Kane v. Mercantile Trust Co. National Association · Shaffer v. Cochenour

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. “Plaintiffs’ evidence tends to show the exercise of diligence from and after the middle of December 1980; it does not explain or tend to excuse plaintiffs' failure to employ an efficient method of service when the action was commenced, or the failure to inquire up to the time the California officers were contacted by telephone. Plaintiff Steve Powell knew where defendants Hernandez lived; he testified he had talked to them ‘once or twice’ by telephone. Rule 54.12 in terms provides that service in any civil action ‘affecting ... a will ... ’ may be had by personal service outside the state, personal service by mail, or service by publication. The record is wholly barren of any suggestion that service by mail was requested; it does show that defendants Hernandez were eventually served at the very address furnished to the circuit clerk when the action was commenced.”
    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."”
    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.