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← 185 Mont. 16 - Downs v. Smyk

Downs v. Smyk’s Empirical Analysis

1979

Citation profile

28
cited by 28 later decisions
1
states following
February 2010
most recently cited

1 district · 25 state decisions

How this case has been cited

Cited by 28 later decisions — most recently February 2010 · most notably Simmons v. Jenkins (1988), City of Austin Texas v. Decker Coal Company (1983)

1 district · 25 state decisions

18019791980199020002010decided

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 Harland v. Anderson · Steen v. Rustad · Montgomery v. First National Bank · Farmers State Bank of Conrad v. Iverson · Upper Missouri G & T Electric Cooperative, Inc. v. McCone Electric Co-Op., Inc.

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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[flailure of the party opposing the motion to either raise or demonstrate the existence of a genuine issue of material fact, or to demonstrate that the legal issue should not be determined in favor of the movant, is evidence that the party’s burden was not carried. Summary judgment is then proper, the court being under no duty to anticipate proof to establish a material and substantial issue of fact.”
    1 later decision quote this exact passage · from the majority
  2. “In equity cases and in matters and proceedings of an equitable matter, the Supreme Court shall review all questions of fact arising upon the evidence presented in the record ...”
    1 later decision quote this exact passage · from the majority
  3. “[A] court, in interpreting a written instrument, will not isolate certain phrases of that instrument in order to garner the intent of the parties.”
    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.