Jones v. Clark’s Empirical Analysis
1966
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently January 2007
17 state decisions — followed in 10 states
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 Boone v. Templeman · Urbach v. Urbach · North American Uranium, Inc. v. Johnston · Cooley v. Frank · Lore v. Town of Douglas
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The manner in which the proprieties and rights of parties to make legitimate offers of proof when objections are sustained to counsel's interrogations were dealt with was unfortunate as it raises some doubt if there was a clear understanding between court and counsel as to the right of litigants to make offers of proof. There is at least a twofold purpose in according to litigants the right to make offers of proof. It must be borne in mind that the right is merely to offer the proof-not the right to introduce it. The right to offer is therefore almost absolute which is subject only to the court's discretion to reasonably restrict repetitious effort to offer the same or substantially the same type of proof which has been previously offered and its reception denied. The first purpose of such offers is to specifically advise the trial court of the nature of the testimony or evidence expected to be elicited by the interrogation. This is to sufficiently advise the court of the nature and character of the offered evidence and thereby enable the court to be in a better position to correctly rule upon its admissibility. The second purpose is to ensure that the whole matter will be exhibited in the record in order that an appellate or reviewing court may be sufficiently advised and enabled to fairly pass upon the correctness of the trial court's rulings. The court's admonitions, although somewhat harshly given, might reasonably be interpreted as requiring counsel only to point out the”
1 later decision quote this exact passage · from the concurrence“'Apparently, there is and could be no rule requiring a party first to obtain the court's permission to make an offer of proof. The situation of a litigant invites evidence to sustain his position. Neither the court nor opposing counsel can know whether evidence which a party desires to present is competent or material until it is proffered. When an offer of proof is made, the court should assume that the facts stated can be proved by competent evidence, and rule on the offer, leaving objections to the manner of proof to be decided later. The materiality and relevancy of an offer of evidence must be apparent when the offer is made, to put the court in error in excluding it. ...' This is actually for the purpose of informing the court so that it may rule intelligently on objections made or to be made to its admissibility as well as to preserve such ruling should it become proper to review the same. Subject to the right of the court to refuse undue repetition, the right of a litigant to offer proof is absolute, although it is the court's equal prerogative to rule the evidence inadmissible.”
1 later decision quote this exact passage · from the concurrence““... [I]t is said in 55 Am.Jur., Vendor and Purchaser, § 119, p. 595, ‘However, the vendor’s acceptance of one or more payments subsequent to the time specified in the agreement does not necessarily waive his right to object to the vendee’s delinquency as to future payments, or preclude him from insisting on strict performance in the future and declaring a forfeiture for the vendee’s default as to future payments,’ citing Boone v. Templeman, 158 Cal. 290 , 110 P. 947 , 139 Am.St.Rep. 126 ; Annotation 9 A.L.R. 1001 , ...””
1 later decision quote this exact passage · from the concurrence
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.