Bailey v. Davis’s Empirical Analysis
1949
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently February 2002 · most notably North Carolina National Bank v. Virginia Carolina Builders (1983), Peebles v. Moore (1981)
25 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 McDaniel v. . Leggett · Plemmons v. Cutshall · Moody v. . Howell · Carolina-Tennessee Power Co. v. Hiawassee River Power Co. · Smith v. Ayden Lumber 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hile the clerk is authorized by statute, G.S. 1-209, to enter all judgments by default final as are authorized in G.S. 1-211, and others, the situation of the record, at the time he came to act on plaintiffs’ motion for such judg ment, failed to present a case where the defendant had not answered. Hence, so long as the answer remained filed of record, the clerk was without authority to enter a judgment by default final. This being so, the judgment entered may, on motion in the cause, be set aside. * * * Furthermore, this Court has held that where the plaintiff is entitled to judgment by default before the clerk for failure of defendant to answer within the statutory time, he waives this right by waiting until after the clerk has permitted an answer to be filed and the matter has been transferred to the civil docket for trial. Cahoon v. Everton, 187 N.C. 369 , 121 S.E. 612 .”
2 later decisions quote this exact passagee.g. Hendrix v. Alsop · Peebles v. Moore“a paper writing is deemed to be filed within the meaning of the law when it is delivered for that purpose to the proper officer and received by him, and it is not necessary to the filing of a paper that it shall be indorsed as having been so filed.”
2 later decisions 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.