Schoolfield v. Collins’s Empirical Analysis
1972
Citation profile
60 state decisions
How this case has been cited
Cited by 60 later decisions — most recently February 2018 · most notably Page v. Sloan (1972), 123 N.C. App. 1 - Murray v. Nationwide Mutual Insurance (1996)
60 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 Kessing v. National Mortgage Corporation · Koontz v. City of Winston-Salem · Singleton v. Stewart · Blades v. City of Raleigh · Waddell v. Carson
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Rule 56(e) does not deny that a properly verified pleading which meets all the requirements for affidavits may effectively 'set forth specific facts showing that there is a genuine issue for trial.'”
2 later decisions quote this exact passage““(a) Right preserved. — The right of trial by jury as declared by the Constitution or statutes of North Carolina shall be preserved to the parties inviolate. “(b) Demand. — Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be made in the pleading of the party or endorsed on the pleading. “(c) Demand — specification of issues. — In his demand a party may specify the issues which he wishes so tried; otherwise, he shall be deemed to have demanded trial by jury for all the issues so triable. If a party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the last pleading directed to such issues or within 10 days after service of the demand, whichever is later, or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues in the action. “(d) Waiver. — Except in actions wherein jury trial cannot be waived, the failure of a party to serve a demand as required by this rule and file it as required by Rule 5 (d) constitutes a waiver by him of trial by jury. A demand for trial by jury as herein provided may not be withdrawn without the consent of the parties who have pleaded or otherwise appear in the action.””
1 later decision quote this exact passagee.g. Branch v. Branch“Under prior North Carolina law, a request for jury trial was not required. G.S. 1-172 (Recompiled 1953) provided, “An issue of fact must be tried by a jury, unless a trial by jury is waived or a reference ordered.” G.S. 1-184 (Recompiled 1953) provided that the means for waiver of jury trial were default or consent. However, Rule 38(d) of the new Rules provides that “the failure of a party to serve a demand as required by this rule . . . constitutes a waiver ... of trial by jury.””
1 later decision quote this exact passage
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.