Dawson v. McNaney’s Empirical Analysis
1950
Citation profile
41 state decisions
How this case has been cited
Cited by 41 later decisions — most recently April 2009 · most notably Jurek v. Jurek (1980), Murillo v. Hernandez (1955)
41 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 Brison v. Brison · MacRae v. MacRae · Fox Tucson Theatres Corp. v. Lindsay · Rothman v. Rumbeck · Langley v. Devlin
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A defendant who believes that there is no genuine issue as to any material fact and that he is entitled to a judgment as a matter of law, may move for a summary judgment after serving his answer. However, even before interposing any defense he may move to dismiss the complaint for failure to state a claim upon which relief can be granted. This motion may under certain circumstances be treated as a motion for summary judgment. Since he may move for summary judgment at any time, the defendant may make such a motion before serving his answer, setting out his defense by means of supporting affidavits or other papers. Thus it has been held that the defenses of release or statute of frauds may be considered on a motion for summary judgment by defendant before answer. However, one case has held that the defense of estoppel should not be considered on defendant’s motion for summary judgment if the facts concerning it did not appear in the complaint and estoppel had not yet been pleaded as a defense. If the defendant has served his answer he is subject to the provisions of Rule 12(h) concerning waiver of defenses and he cannot subsequently move for summary judgment on a defense not pleaded in his answer, except as provided by that rule.” Barron & Holtzoff, Vol. 3, pages 204 and 205.”
1 later decision quote this exact passage““It is presumed by the law that they act with one another in absolute confidence, that each will be faithful to the other’s interests, and that they need not take the precautions in dealing with each other that are customary between strangers. If it were required that in their mutual relations they must deal with each other at arms’ length, the marital status would become intolerable.” 37 Ariz. at 314 , 294 P. at 282 .”
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.