125 N.C. App. 603 - Smith v. Johnson’s Empirical Analysis
1997
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently October 2018 · most notably 198 N.C. App. 407 - Sabates v. Sabates (2009), State Ex Rel. Serrano v. Bellamy (2002)
42 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 846 F. Supp. 310 - Waye v. First Citizen's National Bank · Markham v. Swails · 74 N.C. App. 494 - Coleman v. Coleman · 110 N.C. App. 855 - Saieed v. Bradshaw · 29 N.C. App. 29 - Sherman v. Myers
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Grounds. — A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes or grounds: (7) Insufficiency of the evidence to justify the verdict or that the verdict is contrary to law; (8) Error in law occurring at the trial and objected to by the party making the motion, or (9) Any other reason heretofore recognized as grounds for new trial.”
8 later decisions quote this exact passage“cannot be used as a means to reargue matters already argued or to put forth arguments which were not made but could have been made”
3 later decisions quote this exact passage“Defendants have timely appealed from the denial of their motion [based upon Rule 59(a)(2) & (7) and Rule 59(e).] Having determined, however, that the motion is merely a request that the trial court reconsider its earlier decision and having determined that it does not qualify as a Rule 59(e) motion, and because there are no other provisions for motions for reconsideration, the motion was properly denied.”
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.