Head v. Thistle Construction Co.’s Empirical Analysis
1989
Citation profile
2 state decisions
Relationships
Relies on 404 So. 2d 614 - Fountain v. Phillips · 390 So. 2d 601 - SHADES, ETC. v. Cobbs, Allen & Hall Mortg. Co. · 540 So. 2d 732 - Southern Guar. Ins. Co. v. First Ala. Bank · 454 So. 2d 1345 - Jones v. Newton · 379 So. 2d 1249 - Real Coal, Inc. v. Thompson Tractor 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Although the contract was not attached to the original affidavit as referenced, the trial court, in its discretion, allowed an amended affidavit supplying the contract. The [defendants] argue that the contract should not have been allowed because it was not a 'sworn or certified paper' under Rule 56(e). The contract was clearly identified and incorporated in the sworn affidavit by one who had personal knowledge of its contents and authenticity. Clearly, Rule 56(e) was satisfied in that the affidavit set forth facts as would be admissible in evidence and showed that Strauss was competent to testify to those facts. Real Coal, Inc. v. Thompson Tractor Co. , 379 So.2d 1249 (Ala. 1980). "It is the purpose of a motion for summary judgment to test the sufficiency of the evidence to determine if any real issue exists. Garrigan v. Hinton Beef Provision Co. , 425 So.2d 1091 (Ala. 1983). " 'Once the movant [for summary judgment] supports his motion by affidavit or other testimony, the adverse party may not rest upon the allegations or denials contained in his pleadings; he must respond and show a material issue of fact does exist. In the event the opposing party fails to offer any evidence to contradict that presented by the moving party, the court is left with no alternative but to consider that evidence uncontroverted. [Citations omitted.]' " Adams v. Bay Minette Production Credit Association , 450 So.2d 149 , 151 (Ala.Civ.App. 1984). (Citations omitted.) "Our review of the record re”
2 later decisions quote this exact passage“Adams v. Bay Minette Production Credit Association , 450 So.2d 149 , 151 (Ala.Civ.App. 1984). (Citations omitted.)”
1 later decision quote this exact passage“[i]n view of the sworn affidavits and in the absence of any contradictory evidence, summary judgment was proper.”
1 later decision quote this exact passage
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.