Smith v. Smith’s Empirical Analysis

Citation profile

15 state decisions

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

1. “a question of fact and a decision on this question is generally considered to be within the sound discretion of the trial court.”

   2 later decisions quote this exact passage
   e.g. Andean Motor Company v. Mulkey · Sedehi v. Chamberlin

2. ““[W]hen the evidence that is claimed to show that an issue was tried by consent is relevant to an issue already in the case, as well as to the one that is the subject matter of the amendment, and there was no indication at trial that the party who introduced the evidence was seeking to raise a new issue, the pleadings will not be deemed amended under the first portion of Rule 15(b). The reasoning behind this view is sound since if evidence is introduced to support basic issues that already have been pleaded, the opposing party may not be conscious “of its relevance to issues not raised by the pleadings unless that fact is specifically brought to his attention.” (Footnote omitted.).”

   1 later decision quote this exact passage
   e.g. Elkhart County Farm Bureau Cooperative Ass'n v. Hochstetler

3. “squarely recognized as an issue in the trial by the parties”

   1 later decision quote this exact passage
   e.g. Sedehi v. Chamberlin