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← 892 P2D 791 - Whitney v. McDonough

Whitney v. McDonough’s Empirical Analysis

1995

Citation profile

10
cited by 10 later decisions
1
states following
March 2026
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently March 2026

10 state decisions

601995200020102020decided

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 Ackermann v. United States · Klapprott v. United States · Bunn v. North Carolina · Hritz v. Woma Corp. · Robert C. Thorpe v. Bessie P. Thorpe

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

  1. “Default judgments are governed by Wyo.R.Civ.P. 55 and setting aside a default judgment is governed by .Rule 55(c). Wyo. R.Civ.P. 55 (1992). Generally, there is no appeal from a default judgment unless an appropriate motion for relief under Rule 60(b) has first been made to the district court. Adel v. Parkhurst, 681 P.2d 886, 889 (Wyo.1984); Robison v. Sales and Use Tax Div., State Tax Comm’n, 524 P.2d 82, 83 (Wyo.1974). Rule 60 provides a method to set aside default judgment, Dexter v. O’Neal, 649 P.2d 680 (Wyo.1982), and allows relief from a final judgment for six categories of reasons. Wyo.R.Civ.P. 60(b)(l)-(6) (1992). The movant carries the burden of bringing himself within the rule’s provisions. Carlson v. Carlson, 836 P.2d 297, 301 (Wyo.1992). An order denying relief under Rule 60(b) is appealable. Dexter, 649 P.2d at 681 . Whether the motion states a reason for relief under Rule 60 is a question of law and is reviewed for correctness. See Ackermann v. United States, 340 U.S. 193, 202 , 71 S.Ct. 209, 213 , 95 L.Ed. 207 (1950); Klapprott v. United States, 335 U.S. 601 , 69 S.Ct. 384 , 93 L.Ed. 266 , modified, 336 U.S. 942 , 69 S.Ct. 384 , 93 L.Ed. 1099 (1949). If a reason is stated, then it is within a district court’s discretion whether or not relief should be granted or denied on the facts of the particular case. Whether or not a district court should set aside a default judgment under Rule 60(b) rests in the sound discretion of the court. Vanasse v. Ramsay, 847 P.2d 99”
    1 later decision quote this exact passage
  2. “being that behavior which might be the act of a reasonably prudent person under the circumstances.”
    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.