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← 294 N.C. 146 - Booker v. Everhart

Booker v. Everhart’s Empirical Analysis

1978

Citation profile

135
cited by 135 later decisions
5
states following
February 2019
most recently cited

7 federal appellate · 2 district · 118 state decisions

How this case has been cited

Cited by 135 later decisions — most recently February 2019 · most notably Long v. City of Charlotte (1982), 49 N.C. App. 488 - Howell v. Fisher (1980)

7 federal appellate · 2 district · 118 state decisions

47019781980199020002010decided

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. § 3901 (Servicemembers Civil Relief Act)

Relies on Strickland Ex Rel. Steed v. Hughes · Underwood v. Stafford · MacPherson v. City of Asheville · Parnell v. Nationwide Mutual Insurance · Morton v. Thornton

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

  1. “[w]here . . . a fatal defect of the parties is disclosed, the court should refuse to deal with the merits of the case until the absent parties are brought into the action. . . .”
    5 later decisions quote this exact passage
  2. “(a) Necessary joinder. — Subject to the provisions of Rule 23, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of anyone who should have been joined as plaintiff cannot be obtained he may be made a defendant, the reason therefor being stated in the complaint; provided, however, in all cases of joint contracts, a claim may be asserted against all or any number of the persons making such contracts. (b) Joinder of parties not united in interest. — The court may determine any claim before it when it can do so without prejudice to the rights of any party or to the rights of others not before the court; but when a complete determination of such claim cannot be made without the presence of other parties, the court shall order such other parties summoned to appear in the action.”
    4 later decisions quote this exact passage
  3. “To incorporate a separate document by reference is to declare that the former document shall be taken as part of the document in which the declaration is made, as much as if it were set out at length therein.”
    4 later decisions 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.