Dockery v. Hocutt’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““whether the evidence is sufficient to go to the jury. In passing upon such motion the court must consider the evidence in the light most favorable to the non-movant. That is, the evidence in favor of the non-movant must be deemed true, all conflicts in the evidence 'must be resolved in his favor and he is entitled to the benefit of every inference reasonably to be drawn in his favor. It is only when the evidence is insufficient to support a verdict in the non-movant’s favor that the motion should be granted.””

   4 later decisions quote this exact passage · from the dissent
   e.g. 202 N.C. App. 81 - Burton v. Williams · 214 N.C. App. 23 - Rushing v. Aldridge

2. “a. Objecting to the order of compulsory reference at the time it is made , and b. By filing specific exceptions to particular findings of fact made by the referee within 30 days after the referee files his report with the clerk of the court in which the action is pending, and c. By formulating appropriate issues based upon the exceptions taken and demanding a jury trial upon such issues. Such issues shall be tendered at the same time the exceptions to the referee's report are filed. If there is a trial by jury upon any issue referred, the trial shall be only upon the evidence taken before the referee.”

   1 later decision quote this exact passage · from the dissent
   e.g. 254 N.C. App. 706 - Mitchell, Brewer, Richardson, Adams, Burge & Boughman v. Brewer

3. “a. Where the trial of an issue requires the examination of a long or complicated account; in which case the referee may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein. b. Where the taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect. c. Where the case involves a complicated question of boundary, or requires a personal view of the premises. d. Where a question of fact arises outside the pleadings, upon motion or otherwise, at any stage of the action.”

   1 later decision quote this exact passage · from the dissent
   e.g. 254 N.C. App. 706 - Mitchell, Brewer, Richardson, Adams, Burge & Boughman v. Brewer