Kyle v. Wiley’s Empirical Analysis
1951
Citation profile
2 federal appellate · 3 state decisions
How this case has been cited
Cited by 5 later decisions — most recently February 1983
2 federal appellate · 3 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 Dowd v. United States Cook · Hill v. Hawes · Boykin v. Huff · Truth Seeker Co. v. Durning · Syndicated Const. Corporation v. Ross
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although our rule 27(a) provides that the ten days for appeal runs from the date of the order or judgment and not from notice of entry thereof, we believe such rule, viewed in the light of the trial court’s rule 66(d) and our rule 10(b), should be construed to mean that two days shall be added to the ten-day period when there is entry of judgment or order signed or decided outside of the presence of the parties and notice thereof is given by mail... . ****** Unless our rule is construed as we have indicated, the result would be that in cases such as the present a party would have less than ten days in which to appeal. We have held such time cannot be extended and we also feel it should not be shortened. Especially is this true because of the comparatively short time fixed by our rules for appealing... If our rules are so construed as to even further limit the time for appealing, there is danger of reaching that point where the time is so limited as to result in an unreasonable discrimination in the right of appeal or even a discriminatory denial of the right itself.”
1 later decision quote this exact passage““When a judgment or final order is entered or decided out of the presence of parties and counsel, and without previous notice to them of the court’s decision, such judgment or order shall not be considered as having been entered, for the purpose of computing time under subsections (a), (b), and (c) of this Rule, until the second day after notice thereof has been mailed to the parties or counsel.””
1 later decision quote this exact passagee.g. Da Costa v. Hardy
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.