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← 744 NE2D 954 - Eskew v. Cornett

Eskew v. Cornett’s Empirical Analysis

2001

Citation profile

21
cited by 21 later decisions
1
states following
December 2017
most recently cited

2 federal appellate · 14 state decisions

Relationships

Relies on Rice v. Strunk · Peoples Bank & Trust Co. v. Price · Huntington Mortgage Co. v. DeBrota · Gregory and Appel, Inc. v. Duck · Askren Hub States Pest Control Services, Inc. v. Zurich Insurance

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

  1. “"After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment. on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided 'in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56."”
    3 later decisions quote this exact passage
  2. “Since the.trial rules require the pleader to attach to its complaint the written document upon which its action is premised, see T.R. 9.2(A), we may look to both the complaint and the attached contract for purposes of determining the appropriateness of the court’s-ruling on the motion for judgment on the pleadings. Gregory & Appel, Inc. v. Duck, 459 N.E.2d 46, 50-51 (Ind. Ct. App. 1984). However, where allegations of a pleading are inconsistent with terms of a written contract attached as an exhibit, the terms of the contract, fairly construed, must prevail over an averment differing therefrom. Id. Furthermore, a moving party, for the purpose of the motion, concedes only the accuracy of the factual allegations in his adversary’s pleadings; he does not admit assertions which constitute conclusions of law. Id.”
    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.