690 So. 2d 429 - Holway v. Wanschek’s Empirical Analysis
1997
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently September 2012
9 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 607 So. 2d 199 - Graveman v. Wind Drift Owners' Ass'n, Inc. · 501 So. 2d 459 - Dillon Equities v. Palmer & Cay, Inc. · Martin v. Ellerbe's Adm'r · 681 So. 2d 1348 - Travis v. Ziter · 394 So. 2d 928 - Jones v. Lee County Commission
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter [the Probate Code] or if fraud is used to avoid or circumvent the provisions of purposes of this chapter [the Probate Code], any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not."”
3 later decisions quote this exact passagee.g. Johnson v. Neal · Wilson v. Jones““[A]ppropriate relief for one injured by the fraud contemplated by Ala.Code 1975, § 43-8-5, would include the tolling of the time within which to file a will contest when ‘the facts upon which a contest could be based were misrepresented and concealed by the fraudulent acts of the proponents’ of the will.””
2 later decisions quote this exact passage““ ‘[t]he well-understood position of an appellate court reviewing the grant of a motion to dismiss is, talcing the allegations of the complaint most strongly in favor of the pleader, to determine whether the plaintiff could prove any set of facts in support of his claim which would entitle him to relief. Rule 12, [Ala. R. Civ. P.], and commentary.’”
1 later decision quote this exact passagee.g. Drees v. Turner
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.