Morris v. Dines Mining Co.’s Empirical Analysis
1953
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently September 2002
24 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 Henderson v. National Mutual Casualty Co. · Powell v. Powell · Wolf v. Mallinckrodt Chemical Works · Echord v. Rush · Board of County Commissioners v. United States Fidelity & Guaranty 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The motion to make definite and certain is available when the pleading is so indefinite and so uncertain that the nature of the charge or defense is not apparent. (Civ. Code, § 122 [G. S. 1949, 60-741].) In the early days of the code, while the courts still rested under the spell of the refinements and technicalities of the common-law system of pleading, the motion to make definite and certain was a formidable weapon, because definiteness and certainty then meant dividing between the north and northwest portions of a hair. The true meaning of the code expression, ‘so indefinite and uncertain that the nature of the charge or defense is not apparent/ was not grasped. Now that pleadings are regarded according to their true purpose of fairly apprising the adversary of what the claim is to be, the function of the motion is much restricted. . . .” (p. 257.)”
1 later decision quote this exact passage · from the majoritye.g. Gillen v. Stangle““The motion to make definite and certain lies only when the pleading attacked is so indefinite and uncertain that the nature of the charge or defense is not apparent. (Civ. Code, § Í22 [G. S. 1949, 60-741].) This does not mean indefinite and uncertain according to the refinements and technicalities of the common-law system of pleading, and a pleading is sufficient as against the motion which fairly apprises the adversary of what the claim or defense is.” (Syl.il.)”
1 later decision quote this exact passage · from the majoritye.g. Gillen v. Stangle
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.