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← 80 S.D. 159 - Knock v. Knock

Knock v. Knock’s Empirical Analysis

1963

Citation profile

26
cited by 26 later decisions
1
states following
January 2023
most recently cited

26 state decisions

How this case has been cited

Cited by 26 later decisions — most recently January 2023 · most notably DFA Dairy Financing Services, L.P. v. Lawson Special Trust (2010), Stemper v. Stemper (1987)

26 state decisions

1201963197019801990200020102020decided

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 Brown v. Warner · Davies v. Toms · Scott v. Liechti · Miller v. Welworth Theatres · Farmers & Traders Bank v. Kimball Milling Co.

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

  1. “The presumption of law is that an instrument executed with the formality of a ... contract deliberately entered into expresses on its face its true intent and purpose. Commercial & Savings Bank v. Cassem, 33 S.D. 294 , 145 N.W. 551 (S.D.1914). A party who seeks to establish the contrary must go beyond the ordinary rule of preponderance. To overcome this presumption and establish a trust or other obligation by parol, the rule that evidence must be clear and convincing applies. Larson v. Dutiel, 14 S.D. 476 , 85 N.W. 1006 [1901], Jones v. Jones, 20 S.D. 632 , 108 N.W. 23 [1906], Kjolseth v. Kjolseth, 27 S.D. 80 , 129 N.W. 752 [1911].”
    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.