Miller v. Miller’s Empirical Analysis
1945
Citation profile
28 state decisions
How this case has been cited
Cited by 29 later decisions — most recently March 1995 · most notably Armstrong v. Armstrong (1976), Hull v. Superior Court (1960)
28 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
Applies 50 U.S.C. § 3931 (Servicemembers Civil Relief Act)
Relies on Boone v. Lightner · Weeks v. Superior Court · Johnson v. Johnson · 130 Cal. App. 180 - Isakson v. Superior Court
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Soldiers' and Sailors' Civil Relief Act ... leaves discretion in the trial court [assuming the evidence admits of conflicting inferences] in resolving the issue as to whether 'the ability of plaintiff to prosecute the action or the defendant to conduct his defense is ... materially affected by reason of his military service' but it, in effect, places the burden of proof upon the party resisting a postponement and 'unless, in the opinion of the court, the ability of ... [the party to prosecute or defend] is not materially affected' a postponement of the trial by the court is mandatory 'on application to it by such person or some person on his behalf.' (The section provides that on such application, unless the court is of the view stated, the action or proceeding 'shall ... be stayed as provided in this Act.').”
1 later decision quote this exact passage · from the majority“Having thus set in motion after his entry into the Army the chain of circumstances giving rise to the proceeding to vacate, the trial court in the exercise of a sound discretion could reasonably reject defendant's plea for an indefinite postponement of an investigation of those circumstances.”
1 later decision quote this exact passage · from the majority
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.