H. Greenway Albert and Maja Greenway Albert v. Ira B. Joralemon’s Empirical Analysis
271 F.2d 236 · 1959
Citation profile
8 federal appellate · 1 district · 7 state decisions
How this case has been cited
Cited by 22 later decisions — most recently January 2014
8 federal appellate · 1 district · 7 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 Angel v. Bullington · Pacific Portland Cement Co. v. Food Machinery & Chemical Corp. · Waugh v. Lennard · City of Tucson v. Koerber · Holmes v. Graves
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When issues not raised by the pleadings. are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.””
1 later decision quote this exact passage · from the majority““ ‘Estoppel will be applied to prevent injustices * * * and to transactions in which it would be unconscionable to permit a person to maintain a position inconsistent with one in which he has acquiesced.’ ” Albert v. Joralemon, 9 Cir., 271 F.2d 236, 241 .”
1 later decision quote this exact passage · from the majority“an intentional relinquishment of a known right.”
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.