Snell v. Leffew’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule specifies that a plaintiff “shall have the right to take a voluntary non-suit or to dismiss an action without prejudice by filing a written notice of dismissal at any time before the trial of a cause”. This portion of the rule is not dependent upon the determination of the trial judge. The lawyer for the plaintiff is the sole judge of the matter and the trial judge has no control over it. It is not necessary that he approve the action of plaintiff’s counsel by signing any order; nor may he nullify the rules by an order “disallowing” the nonsuit. All that is required to dismiss prior to the trial, in the absence of the existence of any of the exceptions above noted, is the filing of a written notice of dismissal.”

   1 later decision quote this exact passage
   e.g. Cantrell v. Humana of Tennessee, Inc.

2. “Although Plaintiffs’ counsel told the clerk on January 8 he was taking a non-suit, since this was prior to the trial we hold that under the rule such dismissal of the case was not actually effectuated until the filing of the written notice or order on June 16. The Trial Court was, accordingly without authority to make it effective on an earlier date. Since the Second suit was filed within one year of the filing of the voluntary non-suit it was error for the Court to sustain the motion for summary judgment.”

   1 later decision quote this exact passage
   e.g. Cantrell v. Humana of Tennessee, Inc.