5 Ill. App. 3d 594 - Greenstein v. Nogle’s Empirical Analysis
1972
Citation profile
20 state decisions
Relationships
Relies on 104 Ill. App. 2d 80 - Lumbermens Mutual Casualty Co. v. Poths · 125 Ill. App. 2d 39 - Chapman v. Huttenlocher · 121 Ill. App. 2d 169 - Morris v. Anderson · 124 Ill. App. 2d 1 - Powell v. R. J. Anderson, Inc. · 96 Ill. App. 2d 368 - Schmidt v. Massey-Ferguson Co.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(3) If, upon the hearing of the motion, the opposite party presents affidavits or other proof denying the facts alleged or establishing facts obviating the grounds of defect, the court may hear and determine the same and may grant or deny the motion. If a material and genuine disputed question of fact is raised the court may decide the motion upon the affidavits and evidence offered by the parties, or may deny the motion without prejudice to the right to raise the subject matter of the motion by answer and shall so deny it if the action is one in which a party is entitled to a trial by jury and a jury demand has been filed by the opposite party in apt time.” Ill. Rev. Stat. 1977, ch. 110, par. 48(3).”
2 later decisions quote this exact passage · from the majority“, “It is clear that the [trial] Court may not weight the evidence contained in the affidavits and counter-affidavits, if a material and genuine issue of fact is raised, and deny a hearing on the merits of the question before the Court, or the jury if jury demand has been made by the opposite party. In this respect, a proceeding under Section 48 is similar to the rules applicable to Motions for Summary Judgment wherein genuine issues of material fact are raised by the affidavits and counter-affidavits.” ( 5 Ill. App. 3d 594, 599 , 283 N.E.2d 492, 496 .)”
1 later decision quote this exact passage · from the majority
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.