Smith v. Hilliard’s Empirical Analysis

Citation profile

1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘On the whole affidavits are the least satisfactory form of evidentiary materials on which to base a summary judgment * * *. Nevertheless it is well settled that a summary judgment may be rendered solely on the basis of affidavits or other evidentiary materials.’ 6 Moore’s Federal Practice par. 56.14 [4], at 2363 (2d ed. 1965). The affidavits themselves are ‘proof’ sufficient to warrant summary judgment in the absence of countervailing affidavits or the existence of some reason why the opposing party ‘is presently unable to present by affidavit facts essential to justify his opposition. * * * Since on the whole the deposition and discovery rules provide effective means of obtaining evidentiary materials, unless the opposing party is unduly hurried to a hearing on a motion for summary judgment he has access to proof, as a general proposition, even where the essential facts are within the knowledge or control of the movant.’ Id. at 2364. In such a case, it has been aptly said, the affidavits ‘pierce the pleadings.’ Id. par. 56.11 [3] at 2167.””

   1 later decision quote this exact passage
   e.g. Hill v. Fiscal Court of Warren County