Demos v. Walker’s Empirical Analysis
1930
Citation profile
31 state decisions
How this case has been cited
Cited by 32 later decisions — most recently July 2016 · most notably 121 So. 3d 23 - Pino v. Bank of New York (2013), E. B. Elliott Co. v. Elliott (1939)
31 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 Robinson v. Springfield Co. · Thalheimer v. Tischler · Tilghman Cypress Co. v. John R. Young Co. · O'Gara v. Hancock · Macfarlane v. Dorsey
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * as to motions by a complainant for the dismissal of his bill without prejudice, this court has held that, while the court may grant such a motion, made at any time during the progress of the cause, when the dismissal would not materially prejudice the right of the defendant, yet if the defendant has entitled himself to affirmative relief, or to a hearing and disposition of the case on the merits,, or has acquired some substantial right in the cause, or would be seriously prejudiced by a dismissal, or where unnecessary and prolonged litigation is apparent, or an agreement would be violated, or where it is otherwise inequitable, the cause should not be dismissed without prejudice; but that the mere burden, expense and annoyance to the defendant of another suit in the same controversy is not generally regarded as a sufficient ground for denying plaintiff’s application to dismiss without prejudice. * * * ””
1 later decision quote this exact passagee.g. Mullen v. Mullen“"This court has held in many cases that, in granting or refusing an application for extension of time in which to take testimony in equity cases, whether made before or after the expiration of the three-month period provided for in rule 71 of equity practice, the chancellor exercises a discretion which will not be disturbed by the appellate court, except in a clear case of mistake or hardship, or unless an abuse of discretion is plainly made to appear." Demos v. Walker, ___ Fla. ___ 126 So. 305 , 306.”
1 later decision quote this exact passagee.g. Robins v. Jones“"where the strict enforcement of the letter of the rules of practice tends, in the opinion of the trial judge, to prevent or jeopardize the latter, the rules should yield to the higher purpose."”
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.