Primate Construction, Inc. v. Silver’s Empirical Analysis
1994
Citation profile
128 state decisions
How this case has been cited
Cited by 133 later decisions — most recently April 2019 · most notably Caldwell v. Barnes (2004), Fidelity & Guaranty Insurance Co. v. Drewery Construction Co. (2006)
128 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.
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 14th District (Houston))
Relationships
Relies on McKanna v. Edgar · Sanders v. Harder · Flynt v. City of Kingsville · Wilson v. Dunn · Uvalde Country Club v. Martin Linen Supply 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 133 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is the responsibility of the one requesting service, not the process server, to see that service is properly accomplished. This responsibility extends to seeing that service is properly reflected in the record. The Rules of Civil Procedure allow for liberal amendment of the return of service to show the true facts of service. If the facts as recited in the sheriffs return, pre-printed or otherwise, are incorrect and do not show proper service, the one requesting service must amend the return prior to judgment.”
2 later decisions quote this exact passage · from the majority“The return of service is not a trivial, formulaic document. It has long been considered prima facie evidence of the facts recited therein. The recitations in the return of service carry so much weight that they cannot be rebutted by the uncorroborated proof of the moving party. The weight given to the return is no less when the recitations impeach the judgment than when they support it.”
1 later decision quote this exact passage · from the majority“[i]f proper service is not affirmatively shown, there is error on the face of the record.”
1 later decision quote this exact passage · from the majority
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.