McNear v. Rhoades’s Empirical Analysis

Citation profile

14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[plaintiffs attack the trial court’s authority to amend the pleadings to conform to the evidence sua sponte. While we are directed to no Missouri cases addressing this issue, it is said at 71 C.J.S. Pleading [section] 278 that ‘the power of the court in the furtherance of justice on its own motion to amend the pleadings to conform to the proof, or to order such an amendment, or to regard the pleadings as so amended has been recognized, and it has been held that the court has power to make on its own motion an amendment which it may make on motion of the parties.’ We hold, that it was permissible for the trial court to order the pleadings amended to conform to the evidence sua sponte, providing it could have done so by motion of the parties.”

   1 later decision quote this exact passage
   e.g. Green v. Study