Daugherty v. Ellis’s Empirical Analysis
1957
Citation profile
1 federal appellate · 43 state decisions
How this case has been cited
Cited by 47 later decisions — most recently January 2018 · most notably 147 W. Va. 484 - Cotiga Development Co. v. United Fuel Gas Co. (1962), 149 W. Va. 246 - Barnett v. Wolfolk (1965)
1 federal appellate · 43 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 132 W. Va. 881 - Carter v. City of Bluefield · State Ex Rel. Hardie v. Coleman · Moore v. Strickling · 125 W. Va. 579 - State Ex Rel. Rogers v. Board of Education · 122 W. Va. 639 - Shields v. Romine
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The finding of a trial court upon facts submitted to it in lieu of a jury will be given the same weight as the verdict of a jury and will not be disturbed by an appellate court unless the evidence plainly and decidedly preponderates against such finding.”
7 later decisions quote this exact passage““2. A county court, a corporation created by statute, can do only such things as the law authorizes it to do, and it must act in the manner prescribed by law. “3. A county court can exercise its powers only as a court, while in legal session with a quorum present, and it must follow that procedure and enter its proceedings of record to make its action valid and binding. “4. The members of a county court can not separately and individually give their consent or enter into a contract and in that manner obligate the court as a corporate entity.””
3 later decisions quote this exact passage“It was the plain duty of the defendant, as a commissioner of the county court and . . . the representative of the people of the county, to exercise due diligence and reasonable care to protect and preserve the property held by the county court against loss and injury and to safeguard the rights of the county and its citizens and inhabitants in such property. The defendant failed to perform this duty, but instead violated it by attempting to make final disposition of the livestock without authority at a price which was substantially less than the value of only a part of it.”
1 later decision quote this exact passagee.g. (1997)
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.