Gerner v. Sullivan’s Empirical Analysis
1989
Citation profile
2 federal appellate · 4 district · 21 state decisions
How this case has been cited
Cited by 27 later decisions — most recently September 2016 · most notably Grace v. Koch (1998), Muskin v. State Department of Assessments & Taxation (2011)
2 federal appellate · 4 district · 21 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 Santosky v. Kramer · Texaco, Inc. v. Short · Page v. Clark · People ex rel. A. M. D. · People v. District Court for County of Jefferson
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the burden of proof in any civil action shall be by a preponderance of the evidence,”
2 later decisions quote this exact passage““The statute before us [§ 13-25-127] was enacted to create some uniformity concerning the burden of proof in civil cases, to minimize the exceptions to the general application of the ‘preponderance’ standard, and to eliminate the often arcane and difficult distinctions drawn among the various burdens of proof. Our adverse possession cases may serve to illustrate the variations and inconsistencies which the statute was designed to address. Hence, the supposedly settled state of our case law on adverse possession should not deter the operation of the statute and we must apply the statute unless its operation adversely affects the litigants’ constitutional rights.””
1 later decision quote this exact passage · from the majority“No person shall commence or maintain an action for the recovery of the title or possession or to enforce or establish any right or interest of or to real property or make an entry thereon unless commenced within eighteen years after the right to bring such action or make such entry has first accrued or within eighteen years after he or those from, by, or under whom he claims have been seized or possessed of the premises. Eighteen years adverse possession of any land shall be conclusive evidence of absolute ownership.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Hayden
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.