Moore v. Carey’s Empirical Analysis
1902
Citation profile
2 federal appellate · 30 state decisions
How this case has been cited
Cited by 32 later decisions — most recently October 2005 · most notably United States v. Grannis (1949), Lowery v. Idleson (1903)
2 federal appellate · 30 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 Reed v. Aubrey · Groover v. King · Candler v. Clarke · Cade v. Hatcher · Fall v. Simmons
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We have been unable to trace to its origin this practice. The right of the defendant to open and conclude the argument to the jury in cases where he introduces no testimony has been claimed in other jurisdictions, but the general rule seems to be that the defendant can secure the right to open and conclude the argument to the jury only in those cases where he pleads an affirmative plea, and thus relieves the plaintiff of the onus which rests upon him in all cases. See, in this connection, 17 Am. & Eng. Ene. L. (1st ed.) 209; 15 Ene. P. & P. 186-7; 1 Thomp. Tr. § 254; 2 Ell. Gen. Pr. § 543; Bailey’s Onus Prob. 624; Worsham v. Goar, 4 Port. (Ala.) 441 (6) [(1837)]. Without reference to what was the origin of this practice in this State, or whether the practice is founded upon sound reasons or not, we will not now disturb that which has been the uniform practice for more than half a century, which was expressly recognized by the General Assembly more than fifty years ago, and which has been allowed to prevail both by the bench and bar during that period of time.”
1 later decision quote this exact passage“The statement of counsel that there is nothing in the code in relation to the subject except the provisions above referred to [involving criminal defendants] seems to us to be correct; for in our investigations we have been unable to find any provision in the code which in express terms declares that the failure to introduce evidence on the part of the defendant in a civil case gives him the right to open and conclude the argument. It has been, within the knowledge of some of the present members of this bench, the practice for more than forty years for the defendant to take the opening and conclusion of the argument when he introduced no evidence, and not within the knowledge of any of us has the legality of this practice heretofore been brought in question.”
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.