Evans v. Perkey’s Empirical Analysis
1982
Citation profile
2 federal appellate · 12 state decisions
How this case has been cited
Cited by 16 later decisions — most recently February 2017
2 federal appellate · 12 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 National Life & Accident Ins. v. Eddings · Donaldson v. Donaldson · Cohen v. Cook · Prince v. Prince · Buda v. Cassel Bros., Inc.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At first blush the reading of the [first] sentence quoted above would indicate that nothing more than the written notice is necessary to finalize the case. However, this statement of the court is dicta and not necessarily pertinent to the Rickets case.... In Rickets the court was concerned with the right of a party to take a voluntary nonsuit and the lack of power of the court to deprive him of that right. We construe the Rickets court to be saying that the plaintiff in that case had done all that was required to be done when he gave written notice of his intention to take a nonsuit. It was not necessary for the court to grant permission or enter an order permitting it to be done. However, we do not find the court to be saying that a judgment or decree need not be entered for final adjudication of a case.”
3 later decisions quote this exact passage“The lawyer for the plaintiff is the sole judge of [voluntary nonsuits] and the trial judge has no control over it. It is not necessary that he approve the action of the plaintiffs 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 [set forth in Rule 41], is the filing of a written notice of dismissal.”
1 later decision quote this exact passage“At first blush the reading of the third sentence quoted [i.e., that nothing more than written notice of dismissal is required to voluntarily end a case] above would indicate that nothing more than the written notice is necessary to finalize the case. However, this statement of the court is dicta and not necessarily pertinent to the Rickets case or to the case at bar.”
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.