Mitchell v. Kelly’s Empirical Analysis
1910
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently July 1938
13 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.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The district court possesses both law and equity powers, which may be exercised in the same proceeding. It has general jurisdiction to investigate accounts and to ascertain and declare balances due, and it possesses the common-law powers always exercised by chancery courts to settle guardians’ accounts. . . . There is no statute forbidding the district court to act, and why should it refuse to do so? . . . The guardian is a managing agent for his ward, nobody is interested in his conduct except the ward; and his duty is primarily to account to the ward rather than to the court. . . . The ward, on reaching his majority, may settle with the guardian as he pleases. . . . The authorities are divided upon this question (21 Cyc. 240), and the court adopts the view which seems to accord best with the statutes and legal policy of this state.” (pp. 3, 4.)”
1 later decision quote this exact passage · from the majoritye.g. Lohoff v. LaShell““The district court possesses both law and equity powers which may be exercised in the same proceeding. It has general jurisdiction to investigate accounts and to ascertain and declare balances due, and it possesses the common-law powers always exercised by chancery courts to settle guardian’s accounts. ... “The guardian is a managing agent for his ward. Nobody is interested in his conduct except the ward, and his duty is primarily to account to the ward rather than to the court. This fact is made clear by the omission from the statute of any provision for a final settlement as of the estate of a deceased person.” (Mitchell v. Kelly, 82 Kan. 1, 3 , 107 Pac. 782 .)”
1 later decision quote this exact passage · from the majoritye.g. Jones v. Jones
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.