McCary v. McCary’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . In West v. State, 233 Ala. 588 , 173 So. 46 , this court in construing old Equity Rule 74 held that when there Is nothing in the record which shows that the submission was not at a regular call of the equity docket, the presumption will be indulged that such was the fact. In Ex parte Robinson, 244 Ala. 313 , 13 So.2d ,402, this court considered the situation when there was no rule as to ■ notice of submission on demurrer, since old'Equity Rule 74 had ceased to exist and when, therefore, there was no express requirement of notice between sessions of court and again this court held that where there is nothing in the record to show that the submission was not at a regular call the presumption will be indulged that such was the fact. “In construing Equity Rule 60 which is now in "effect and also Local Rule 54, the same principle obtains which is set forth in the foregoing authorities. In other, words, since there is nothing in the record which shows that the submission was not at a regular call (Equity Rule 61), the presumption will be indulged that such was the fact. Since no notice is required of a submission at the regular call of the docket, the record before us and-on which we must act shows no error. If as a matter of fact the respondent or his attorney did not receive notice, motion could have been made to set aside the decree on that ground. West v. State, supra.” McCary v. McCary, 253 Ala. 468, 469, 470 , 45 So.2d 292 . 293. See also: Burt v. State, 262 Ala. 22 , ”

   2 later decisions quote this exact passage
   e.g. Roberts v. Roberts · Burt v. State ex rel. Burns

2. ““Case may be set down on motion and notice. Whenever a cause is at issue, any plaintiff or any defendant may have the cause set down for final submission at such time and place in the circuit as the court or judge may determine. Notice of the application for setting the cause shall be given either by the sheriff or by the movant or his attorney of record to all parties against whom a decree pro confesso has not been lawfully rendered. “And submission may also be had on demurrer, motion, or other pleading upon ten days’ notice to the opposing party or parties. Such notice may be given either by the sheriff or by the movant or his attorney of record.””

   1 later decision quote this exact passage
   e.g. Burt v. State ex rel. Burns

3. ““In Gee v. Gee, supra, it was further pointed out that it is now unnecessary to allege that the complainant is a bona fide resident or allege that the complainant is a resident of Alabama at all provided the respondent is alleged to be a resident of Alabama and the court acquires jurisdiction of both parties to the action. * * * ””

   1 later decision quote this exact passage
   e.g. Tinsley v. Tinsley