Godwin v. Pate’s Empirical Analysis
1983
Citation profile
2 federal appellate · 3 state decisions
Relationships
Relies on Smart v. Tower Land & Investment Co. · Estate of Arrington v. Fields · McBroome-Bennett Plumbing, Inc. v. Villa France, Inc. · Betts v. Brown · Wilkins v. Royal Indemnity 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Admissible, competent evidence must be introduced on the hearing of the motion for new trial showing the existence of the newly discovered evidence relied upon; (2) Moving party must show that neither the party nor attorney had any notice of the existence of such evidence pri- or to the time of trial; (3) Moving party must show that due diligence had been used to procure the evidence prior to trial; (4) Moving party must show that the evidence is not merely cumulative to that already given and does not tend only to impeach the testimony of the adversaries; (5) Moving party must show that the evidence would probably produce a different result if a new trial were granted.”
1 later decision quote this exact passagee.g. Fish v. Bannister“is applicable when one person, acting involuntarily, has paid a debt for which another was primarily liable, unjustly enriching the latter.”
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.