38 N.C. App. 95 - Miller v. Miller’s Empirical Analysis
1978
Citation profile
33 state decisions
How this case has been cited
Cited by 33 later decisions — most recently December 2018 · most notably 174 N.C. App. 606 - Hawley v. Hobgood (2005), 228 N.C. App. 403 - Lendingtree, LLC v. Anderson (2013)
33 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 Jones v. Brinson · 26 N.C. App. 494 - Swift and Company v. Dan-Cleve Corp. · Golding v. Taylor · Mitchell v. Jones · Farmers Cooperative Exchange, Inc. v. Trull
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The general rule in North Carolina, as elsewhere, is that where a demand for removal for improper venue is timely and proper, the trial court has no discretion as to removal. The provision in N.C.G.S. § 1-83 that the court "may change" the place of trial when the county designated is not the proper one has been interpreted to mean "must change."”
2 later decisions quote this exact passage“[T]he trial court has no discretion in ordering a change of venue if demand is properly made and it appears that the action has been brought in the wrong county.”
2 later decisions quote this exact passage“[S]ince venue is not jurisdictional it may be waived by express or implied consent[.]”
2 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.