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← 77 INDAPP 619 - Roy v. Scales

Roy v. Scales’s Empirical Analysis

1922

Citation profile

8
cited by 8 later decisions
1
states following
July 1984
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently July 1984

8 state decisions

201922193019401950196019701980decided

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 Rooker v. Bruce · Ziegler v. Funkhouser · Rupert v. Martz · City of Decatur v. Grand Rapids & Indiana Railroad · Noyes Carriage Co. v. Robbins

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

  1. ““The law does not require that courts shall do useless things. The appellant either did, or did not have a defense to appellee’s cause of action. If he had no defense thereto - if he had been guilty of doing the wrongful act complained of whereby appellee had sustained damage - then appellee would upon another trial be entitled to the relief granted in the trial already had, and such second trial would avail nothing. Hence we have the rule that in cases of this kind the application must show that the applicant has a valid or meritorious defense to the original action, and it must state what that defense is. Rupert v. Martz (1888), 116 Ind. 72 , 18 N. E. 381 ; Zeigler v. Funkhouser (1908), 42 Ind. App. 428 , 85 N. E. 984 ; Rooker v. Bruce (1908), 171 Ind. 86 , 85 N. E. 351 . The appellant in his said petition alleged: ‘That he has a good and meritorious defense to said cause of action, and if said judgment is set aside he will appear at the trial of said cause and show by proof that the plaintiff has not suffered the damages as alleged in his complaint, and that he is not entitled to the mandatory injunction as made and ordered in this cause.’ This does not meet the requirement of the law. What the particular defense, which they propose to make upon a second trial, is, he does not disclose. Before a trial upon the merits a general denial is sufficient, and the party is not required to disclose what particular defense he proposes to make under such answer. But upon an applicati”
    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.