Chappell v. Smith’s Empirical Analysis
1967
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently April 2006
9 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 27 Ill. 2d 609 - Elfman v. Evanston Bus Co. · Peitzman v. City of Illmo · Moses v. Akers · Peitzman v. City of Illmo · Levine v. Lacy
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A defendant who fails to plead to a notice of motion for judgment within the required time is in default. He is not entitled to notice, including notice to take depositions, of any further proceedings in the case. He waives trial by jury and all objections to the admissibility of evidence. The court shall, on motion of plaintiff, enter judgment for the amount appearing to the court to be due. If the relief demanded is unliquidated damages the court shall hear evidence and fix the amount thereof, unless the plaintiff demands trial by jury, in which event, a jury shall be impaneled to fix the amount of damages.””
1 later decision quote this exact passage · from the majority““Under our present practice and procedure in actions at law, the effect of the failure of a defendant to plead within the time prescribed by Rule 3:5 is that he cannot defend on the merits of the case and he admits that plaintiff is entitled to recover some damages, however small. However, he does not concede the amount of damages on an unliquidated claim. Rule 3:19 provides the procedure for ascertaining damages after defendant is in default.. . . “Where damages are unliquidated, Rule 3:19 provides that the court or the jury shall hear evidence and fix the amount of damages....””
1 later decision quote this exact passage · from the majority“Neither [former] Rule 3:19 nor any statute prohibits counsel for a defendant in default from. . . offering evidence in mitigation of damages.”
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.