10 N.C. App. 208 - Bryant v. Kelly’s Empirical Analysis
1971
Citation profile
39 state decisions
How this case has been cited
Cited by 39 later decisions — most recently September 2007 · most notably 72 N.C. App. 372 - Wade v. Wade (1985), 74 N.C. App. 751 - Matter of Hughes (1985)
39 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 Knutton v. Cofield · Hodges v. Hodges · Vinson v. Smith · Beasley v. Wilson · Bailey v. . Howell
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In a nonjury case, in which all issues of fact are in any event to be determined by the judge, the function of the judge on a motion to dismiss under Rule 41(b) is to evaluate the evidence without any limitations as to the inferences which the court must indulge in favor of the plaintiff’s evidence on a similar motion for a directed verdict in a jury case.” Wells v. Insurance Co., 10 N.C. App. 584 , 179 S.E. 2d 806 (1971); Rogers v. City of Asheville, 14 N.C. App. 514 , 188 S.E. 2d 656 (1972).”
2 later decisions quote this exact passage“After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 52(a).”
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.