Loffer v. Witte’s Empirical Analysis
1947
Citation profile
6
cited by 6 later decisions
2
states following
November 1966
most recently cited
6 state decisions
Relationships
Relies on Fester v. George · Tanderup v. Hansen · Schmidt v. Carpenter · Smith v. Aspaas · Nichols & Shepard Co. v. Marshall
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Whatever merit there might have been in this point had it been stated in the motion to direct a verdict in the court below, it is not available in this court, for the reason that no such ground was stated in the motion in the trial court. Where such a motion is made, the specific ground upon which the motion is made must be stated. It is due to the court and the opposing counsel that their attention should be called to the precise defect in the evidence or the omission of evidence that the party claims entitles him to the direction of the verdict. It is due to the court to enable it to pass understandingly upon the motion, and it is due to counsel that he may, if possible, supply the defective or omitted evidence, if permitted to do so by the court.' " Turning to the motion for a directed verdict, plaintiff did not move the court to direct a verdict in favor of plaintiff and against defendant on the claim in its complaint on the check and separately for a verdict for plaintiff and against defendant on its counterclaim which were two separate issues. The motion was a united one: — "for the plaintiff upon its stated cause of action and against the defendant on its alleged counterclaim for the reason * * * the admissible evidence * * * does not constitute a counterclaim or a defense against the complaint of the plaintiff”
1 later decision quote this exact passage“Under the settled rule of this court the question of the insufficiency of the evidence is limited to the particulars pointed out in the motion for judgment and in the assignment”
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.