McLean v. Paddock’s Empirical Analysis

Citation profile

40 state decisions

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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This is not a situation where evidence on the issue was received without objection and the question thus treated as if it had been raised by the pleadings or by trial amendment thereto, (Citations omitted). The record before us is replete with objections to the admission of any evidence concerning fraud, misrepresentations or any parol variance of the written instruments. No trial amendment was offered either for the purpose of making such evidence and any issue presented thereby admissible or to make the pleadings conform to the proof. Indeed, Paddocks do not assert that a trial amendment was either offered or permitted. The author, 3 Moore’s Federal Practice, p. 996, in discussing Rule 15(b), identical with our rule 15(b) (§ 21-1-1(15) (b), N.M.S.A., 1953) permitting trial amendments, said ‘where evidence has been admitted over objection and the pleadings have not been amended, no amendment can be implied.’ (Citation omitted.)” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Matter of Valdez

2. “This is not a situation where evidence on the issue was received without objection and the question thus treated as if it had been raised by the pleadings ... The record before us is replete with objections....”

   1 later decision quote this exact passage
   e.g. Citizens Bank v. C & H Construction & Paving Co.