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← 186 MONT 160 - Oster v. Oster

Oster v. Oster’s Empirical Analysis

1980

Citation profile

8
cited by 8 later decisions
1
states following
February 2013
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently February 2013

8 state decisions

401980199020002010decided

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 In Re Marriage of Kramer · Ferguson v. Town Pump, Inc. · Cain v. Harrington

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

  1. ““Rule 59(d) says that a hearing on a motion for a new trial shall be had within ten days after the motion has been served, except that the court may continue the hearing not to exceed 30 days. If the court fails to rule upon the motion within the time given under Rule 59(d), then the motion shall be deemed denied. In the present case, the motion was made on January 25, but the hearing was not had until March 19. This is more than the time allowed under the rule. “In Cain v. Harrington (1973), 161 Mont. 401 , 506 P.2d 1375 , this Court considered Rule 59 in a similar context. We stated: “ ‘We believe the purpose of the rule should be adhered to and while we do not wish to be technical, at the same time we cannot permit deviations.’ (Citation omitted.) “The District Court in the present case was correct in ruling as it did. The District Court had no jurisdiction to grant a new trial under Rule 59.” (Underscoring added.) 606 P.2d at 1078 , 37 St.Rep. at 267-268.”
    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.