O'BRIEN v. Stanzel’s Empirical Analysis
1980
Citation profile
8 state decisions
How this case has been cited
Cited by 9 later decisions — most recently January 2014
8 state decisions
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 McElroy v. Phink, Administrator · Brooks v. O'Connor · City of Houston v. Sam P. Wallace and Co. · Mingo v. Mingo · Tinney v. Carpenter
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Upon the trial of any case at any time before plaintiff has rested his case, i.e., has introduced all of his evidence other than rebuttal evidence, the plaintiff may take a non-suit, .... ” [Emphasis added.]”
3 later decisions quote this exact passage“We do not hold that there are no situations in which a trial court may exercise discretion even though the trial has progressed beyond the rule’s point of no return, but this case does not present one of those situations. One should not be permitted to take a non-suit so that he can have another day and another try after he has announced ready, picked a jury, and heard and seen all of the witnesses unfold all of the contentions of a three-sided controversy that has proceeded to the point that all parties have closed after a trial that lasted a week. Under such circumstances, one may not prevent a final judgment on the merits by moving for a nonsuit. See 4 McDonald, Texas Civil Practice § 17.16.2 (1971). While cir cumstances may arise which, in a court’s discretion, constitutes grounds for a non-suit late in a trial, intervenors make no suggestion that another trial would enable them to produce any more evidence than has already been presented.”
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.