Tuttle v. Tomasino’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On the contention most favorable to the plaintiff, the affidavits were not offered for filing until more than sixty days after the motion for new trial was filed. Plaintiff concedes that ‘this procedure was not in strict accord with the statute’ but asserts that since the defendant did not object ‘in the record’ at the time the motion for new trial was argued and did not ask leave to file counter affidavits, he is in no position to complain on appeal. Thorn v. Cross, Mo.App., 201 S.W.2d 492 , 496, cited in support of this contention, is of no help to the plaintiff. In that case affidavits were filed with the motion for new trial. There is no showing in the present record that the affidavits were served on the defendant at any time. Section 510.350 further provides that the opposing party has ten days ‘after such service’ to serve opposing affidavits which time the court may extend for ‘an additional period not exceeding twenty days.’ “Finding nothing in the record to relieve against the positive requirements of the statute, the affidavits cannot be considered, and the admissibility of the deposition must be determined on the record made at the trial.””

   1 later decision quote this exact passage
   e.g. Stewart v. Manor Baking Co.

2. ““There is no showing in the record that either the defendant’s attorneys in Springfield or the Lexington attorney who attended the taking of the deposition had any knowledge that the deposition had not been signed by the witness prior to the time it was opened at the trial of the case. Nor can we say that the exercise of due diligence required the defendant to take steps to open the deposition and inspect it before trial. Rather the duty to see that it was in order was upon the plaintiff because it was a part of his case. There is nothing in the record to support a finding of lack of diligence on defendant’s part, and, therefore, no basis for holding that the defendant’s objection was not available to him at the trial. The trial court correctly ruled in excluding the deposition and was in error in granting a new trial on this ground. (Citations Omitted)” Tuttle v. Tomasino (Mo.), 336 S.W.2d 683, 690 .”

   1 later decision quote this exact passage
   e.g. In re Fite

3. ““When any after-trial motion, including a motion for a new trial, is based upon affidavits, they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. Depositions and oral testimony may be presented in connection with after-trial motions.” (Italics ours.)”

   1 later decision quote this exact passage
   e.g. Stewart v. Manor Baking Co.