Moore v. Moore’s Empirical Analysis
1978
Citation profile
54 state decisions
How this case has been cited
Cited by 56 later decisions — most recently March 2016 · most notably Johnson v. United States (1979), Jackson v. District of Columbia (1980)
54 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 Rosden v. Leuthold · Wasik v. Borg · Hamilton Ex Rel. Hamilton v. Hamilton · Cole v. Layrite Products Co. · Mumma v. Mumma
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment .... [T]he court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action of defense upon the merits.”
1 later decision quote this exact passagee.g. Ingber v. Ross“Whether parties have impliedly contested a matter — i.e., whether parties recognize that an issue not stated by the pleadings entered the case — is determined by searching the trial record for indications that the party contesting the amendment received actual notice of the injection of the unpleaded matters, as well as an adequate opportunity to litigate such matters and to cure any surprise from their introduction.”
1 later decision quote this exact passage“require detailed, written findings of fact and separate conclusions of law upon all matters”
1 later decision quote this exact passagee.g. Jaw v. Dme
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.