Payne v. Gilmore’s Empirical Analysis
1963
Citation profile
4 federal appellate · 4 state decisions
How this case has been cited
Cited by 10 later decisions — most recently January 2001
4 federal appellate · 4 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 Richard v. Richard · Von Der Heydt v. Rogers · Ray v. Paramore · State Ex Rel. Mothersead v. Mobley · Toone v. Walker
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.
“We are aware of the holding of this court in State ex rel. Mothershead v. Mobley, 112 Okl. 152 , 241 P. 155 , and similar cases, to the general effect that the burden of proving fraud is upon the one alleging it, and that fraud must be clearly proven and will not be implied. These are in accordance with the broad general rule that the burden of proof never shifts. However, it is equally well settled that the burden of going forward with the evidence can and does shift under proper circumstances. Id. at 145.”
1 later decision quote this exact passagee.g. Bell v. Smith
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.