State v. McMilliam’s Empirical Analysis
1956
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently December 2010 · most notably State v. Patton (1963), West v. G. D. Reddick, Inc. (1981)
27 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 United States v. Pink · Freshman v. Atkins · Dimmick v. Tompkins · Bienville Water Supply Co. v. Mobile · State v. Gibson
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Ordinarily, a court, in deciding one case, will not take judicial notice of what may appear from its own records in another and distinct case, unless made part of the case under consideration, even though between the same parties or privies and in relation to the same subject matter. It was held in Daniel v. Bellamy, 91 N.C. 78 , that in a proceeding against executors for an account that a Probate Court could not take judicial notice of the fact that the probate of the will naming defendants as executors had been revoked in another proceeding in the same court. This is far from saying that an appellate court may not take judicial notice of, and give effect to its own records in another, but interrelated, proceeding, particularly where the issues and parties are the same, or practically the same, and the interrelated case is specifically referred to in the case on appeal in the case under consideration.”
1 later decision quote this exact passage“The case on appeal specifically states that Judge Fountain’s judgment was based upon the evidence in the case of S. v. James McMilliam and Bettie Lee McMilliam, “the companion case to this one.” The case of S. v. James and Bettie Lee McMilliam was argued before us on the same day as the instant case by the same counsel, and is before us for decision. The evidence in this case, according to the case on appeal, was omitted to avoid repetition, and no doubt to save costs for the appellants. The evidence in S. v. James and Bettie Lee McMilliam is before us in that case, and it seems clear that it was the plain intent of the counsel for the defense and the trial solicitor to make the evidence in that case a part of this case. We know of no reason why we should not take judicial notice of, and consider in the instant case the evidence in the interrelated case.”
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.