Simms v. Andrews’s Empirical Analysis
118 F.2d 803 · 1941
Citation profile
46 federal appellate · 2 district · 13 state decisions
How this case has been cited
Cited by 80 later decisions — most recently September 2000 · most notably McDonald v. E. J. Lavino Co. (1970), Hardin v. Manitowoc-Forsythe Corp. (1982)
46 federal appellate · 2 district · 13 state decisions — followed in 10 states
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 Romeyn v. . Sickles · Swift & Co. v. Young · Low v. Davidson Mfg. Co. · Lientz v. Wheeler · Hensley v. Chicago, St. Paul, Minneapolis & Omaha Railway 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. “ * * =1= por tiie first time he pleaded the statute of limitations. This was not one of the issues in the original trial. Any evidence introduced at the time of the trial tending to bear on the statute of limitations was incidental to the question of notice and was not introduced for the purpose of this defense. An amendment after judgment stating a new cause of action or a new defense is not permissible under the guise of conforming the pleadings to the proof and the court was right in striking the amendments from the records and reinstating the ori.ginal judgment. * *”
3 later decisions quote this exact passage · from the majority““In each instance, timely application must be made. Failure to proceed in a timely manner will result in loss of the right to intervene. Courts have been said to be unanimous in requiring prompt action on the part of an intervenor who seeks to assert rights in an action to which he is not a party. However, whether as of right or by permission of the court, Rule 24 is silent as to what constitutes timely application, and the question must be answered in each case by the exercise of sound discretion by the Trial Court. There is, therefore now, as formerly, latitude for the court to allow intervention within what time scope the justice of the case may appear to warrant.””
2 later decisions quote this exact passage · from the majority““The purpose of an amendment to conform to proof is to bring the pleadings in line with the actual issues upon which the case was tried; therefore an amendment after judgment is not permissible which brings in some entirely extrinsic issue or changes the theory on which the case was actually tried, even though there is evidence in the record — introduced as relevant to some other issue — which would support the amendment. * * * ” 3 Moore’s Federal Practice 846-47.”
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.