Bell v. Martin’s Empirical Analysis

Citation profile

77 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e do not suggest that a defendant may simply refuse to answer plaintiff’s complaint and thereby indefinitely forestall litigation. If after he receives the complaint and summons, defendant fails to file answer within the 30 day period as required by G.S. 1A-1 Rule 12(a) (1) plaintiff may move for entry of default under G.S. 1A-1 Rule 55(a), and thereafter seek judgment by default under G.S. 1A-1 Rule 55(b). Rule 55(a) provides specifically that entry of default would have been appropriate here. In its pertinent part, Rule 55(a) provides as follows: “(a). ENTRY. When a party against whom a judgment for affirmative relief is sought has failed to plead ... and that fact is made to appear by affidavit [or] motion of attorney for the plaintiff, ... the clerk shall enter his (the party failing to file) default.” In Wright and Miller, Federal Practice and Procedure: Civil, § 2688, it is stated: “Once the default is established defendant has no further standing to contest the factual allegations of plaintiff’s claim for relief. If he wishes an opportunity to challenge plaintiffs right to recover, his only recourse is to show good cause for setting aside the default ... and, failing that, to contest the amount of recovery.” (See Harris v. Carter, 33 N.C. App. 179 , 234 S.E. 2d 472 (1977) holding G.S. 1A-1 Rule 55 to be the counterpart to Federal Rules of Civil Procedure Rule 55.) When default is entered due to defendant’s failure to answer, the substantive allegations raised by pla”

   4 later decisions quote this exact passage
   e.g. 48 N.C. App. 497 - Peebles v. Moore · Peebles v. Moore

2. “for purposes of summary judgment, a defendant's failure to file answer does not constitute a conclusive admission of the allegations in a plaintiff's complaint so as to preclude such defendant from offering affidavits or testimony in opposition to the motion.”

   1 later decision quote this exact passage
   e.g. State ex rel. Cooper v. Nccs Loans, Inc.

3. “by the use of pleadings, depositions, answers to interrogatories, admissions on file and affidavits that (1) there is no genuine issue as to any material fact, and (2) that [he] is entitled to judgment as a matter of law.”

   1 later decision quote this exact passage
   e.g. 61 N.C. App. 381 - Lloyd v. Carnation Co.