Mills v. Hartz’s Empirical Analysis
1908
Citation profile
6 federal appellate · 22 state decisions
How this case has been cited
Cited by 30 later decisions — most recently September 2001 · most notably Doss Oil Royalty Co. v. Texas Company (1943), Myers v. Shell Petroleum Corp. (1941)
6 federal appellate · 22 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 Twin-Lick Oil Company v. Marbury · Watts v. Territory of Washington · Steelsmith v. Gartlan · Rorer Iron Co. v. Trout · Reeves & Co. v. Bascue
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The only consideration moving to* the lessor for the right which he gave to the lessee to explore and procure minerals was the royalty on the coal to be found and the fixed compensation for each well when gas should be found and utilized, together with sufficient gas to supply two stoves in his farmhouse. If there were no search, nor any product, no possible benefit could come to the lessor for the exclusive rights which had been given to the lessee. . . . The lease contemplates that the lessee shall proceed to dig and bore for gas, oil and coal, and that the lessor shall obtain gas for his farmhouse, not twenty years hence, but as soon as it can reasonably be procured. It is contemplated, too, that the compensation for each gas well shall be paid annually and not at some remote period." (Page 220.)”
1 later decision quote this exact passage · from the majority““Error is predicated on the ruling of the court denying the application of Mills for a jury trial. A suit to cancel a lease is equitable in its nature and one in which a jury may not be demanded as a matter of right. It is true, as plaintiff in error contends, that there were issues of fact to be tried, but the code provides that only issues of fact arising in actions for the recovery of money or specific real or personal property are to be tried by a jury. All other issues of fact are triable by the court, subject to its power and discretion to order any of the issues to be tried by a jury or by a referee in the manner directed by the code. (Civ. Code, §§266, 267; Gen. Stat. 1901, §§4713, 4714; Maclellan v. Seim, 57 Kan. 471 , 46 Pac. 959 .)””
1 later decision quote this exact passage · from the majoritye.g. Fisher v. Rakestraw
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.