Gustafson v. Gustafson’s Empirical Analysis

Citation profile

12 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. ““The defendant further excepts to the failure of Judge Mintz to allow him to inspect the ‘notes that were relied upon by a witness during his testimony,’ citing State v. Carter, 268 N.C. 648 , 151 S.E. 2d 602 . However, the facts of that case are quite distinguishable from the situation here. The defendant called Dr. R. H. Fisscher as a witness in his behalf. He testified that he saw Mrs. Gustafson on two occasions and that he took notes relating to them. . . . Upon inquiry it appeared that the doctor was not using the notes at the time of his examination, although they were in the possession of someone else in the courtroom. Had the doctor been refreshing his memory from the use of his notes as he testified, State v. Carter, supra, might be applicable; but the very fact that he had notes somewhere under his control would not require that the defendant be allowed to inspect them. . . .””

   1 later decision quote this exact passage
   e.g. State v. Van Cross

2. ““It must be recalled that at the trial of the case affidavits will not be admissible and that the witnesses must appear in person. Therefore the fact that in this hearing for a temporary purpose the plaintiff used the affidavits of physicians who treated her does not bring into play the proviso of G.S. 8-53.””

   1 later decision quote this exact passage
   e.g. 1 N.C. App. 426 - Neese v. Neese