62 N.C. App. 387 - Smithwick v. Frame’s Empirical Analysis
1983
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 2018 · most notably Phelps v. Phelps (1994), 122 N.C. App. 518 - Hancock v. Hancock (1996)
32 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 Quick v. Quick · Coble v. Coble · Woodard v. Mordecai · Beall v. Beall · Blackley v. Blackley
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Issues of witness credibility are to be resolved by the trial judge. It is clear beyond the need for multiple citation that the trial judge, sitting without a jury, has discretion as finder of fact with respect to the weight and credibility that attaches to the evidence." Smithwick v. Frame , 62 N.C. App. 387 , 392, 303 S.E.2d 217 , 221 (1983). "The trial court must itself determine what pertinent facts are actually established by the evidence before it, and it is not for an appellate court to determine de novo the weight and credibility to be given to evidence disclosed by the record on appeal." Coble v. Coble , 300 N.C. 708 , 712-13, 268 S.E.2d 185 , 189 (1980).”
4 later decisions quote this exact passage“[Requiring the trial court, when sitting without a jury, to make findings of fact] does not, of course, require the trial court to recite in its order all evidentiary facts presented at hearing. The facts required to be found specially are those material and ultimate facts from which it can be determined whether the findings are supported by the evidence' and whether they support the conclusions of law reached.”
1 later decision quote this exact passage“The trial court must itself determine what pertinent facts are actually established by the evidence before it, and it is not for an appellate court to determine de novo the weight and credibility to be given to evidence disclosed by the record on appeal.”
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.