148 N.C. App. 448 - McDevitt v. Stacy’s Empirical Analysis
2002
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently May 2022
16 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 Sutton v. Duke · City of Walla Walla v. Walla Walla Water Co · Dickens v. Puryear · Roberts v. William N. & Kate B. Reynolds Mem. Park · Campbell v. First Baptist Church of Durham
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When issues not raised by the pleadings are tried by the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, either before or after judgment, but failure so to amend does not affect the result of the trial of these issues.”
1 later decision quote this exact passagee.g. Meekins v. Box“better practice dictates that even where pleadings are deemed amended under the theory of 'litigation by consent,' the party receiving the benefit of the rule should move for leave of court to amend, so that the pleadings will actually reflect the theory of recovery.”
1 later decision quote this exact passage“[a] formal amendment to the pleadings 'is needed only when evidence is objected to at trial as not within the scope of the pleadings.'”
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.