Evans v. Evans’s Empirical Analysis
1945
Citation profile
2 district · 26 state decisions
How this case has been cited
Cited by 28 later decisions — most recently March 2023 · most notably Simmons v. Superior Court (1950), Williamson v. Tucker (1981)
2 district · 26 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 Williams v. State of North Carolina · Sulz v. Mutual Reserve Fund Life Ass'n · Dodge v. Superior Court · Beneke v. Tucker
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.
““While a ‘stay of proceedings’ and an ‘abatement’ are in some respects similar, they are not identical. Abate ment is a matter of right and the general rule is that, ‘the pendency of a prior suit in one state cannot be pleaded in abatement or in bar to a subsequent suit in another state, even though both suits are between the same parties and upon the same cause of action.’ 1 Am. Jur. 42 . However, ‘the court in which the second action is brought may in its discretion stay or suspend that suit, awaiting decision in the first one, or, influenced by a spirit of comity, may refuse to entertain it, if the same relief may be awarded in the prior suit.’ 1 Am.Jur. 44. See also 1 C.J.S. Actions § 133, p. 1410; Sulz v. Mutual Reserve Fund Life Association, 145 N.Y. 563 , 40 N.E. 242 , 28 L.R.A. 379 ; Eeneke v. Tucker, 90 Or. 230 , 176 P. 183 . Annotation — Propriety of staying .action or proceeding pending another action or proceeding, 81 L.Ed. 161 , particularly p. 176.””
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.