Hill v. Green’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * The redactors of the code and the legislature sought to set a definite time limit within which the request for a jury trial must be made. “ ‘The last pleading directed to such issue’ is subject to several interpretations. However, an interpretation that this phrase means any last pleading directed to an issue already raised would emasculate the limiting effect of the article or at best would place the decision whether or not to observe the intended limitation within the trial judge’s discretion. “The legislative intent of C.C.P. art. 1732 was to grant the right to a trial by jury in most civil cases and to set the time within which the demand for a jury trial must be filed. “While the right to trial by jury is fundamental and the presumption is against waiver of that right, once a party does waive that right by failing to file a timely demand, he cannot utilize an amended pleading to give rise to a new right to a jury trial on issues raised by the original pleadings.””

   1 later decision quote this exact passage · from the dissent
   e.g. 275 So. 2d 407 - Hill v. Green