Oar v. Davis’s Empirical Analysis

Citation profile

100 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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the error complained of is one of law, it neither lies at the base and foundation of plaintiffs’ cause of action, nor is it such an error of law as is apparent upon the face of the record. To determine whether it be an error of law at all depends upon the issue of title made by the pleadings and the evidence adduced to sustain or deny the respective rights of the parties. In the absence of any claim on the part of Mrs. Oar in her pleadings, or in the presentation of her claim to any part of the land in controversy, other than that claimed through the deed to her husband and the right of the homestead, which', claims were litigated, the court might well presume that, if she was entitled to a one-third life interest in the land, she had waived such claim. Whether this view be sound or not, there is no phase of the law under which we can treat the supposed error of law as one of a fundamental character. As suggested by Judge Talbot, if a claim had been made by Mrs. Oar to the land by virtue of inheritance, plaintiffs might have shown by reason of some conveyance or other arrangement she had parted with such interest. We therefore think the Court of Civil Appeals was right under the circumstances in refusing to consider the assignment of error.””

   1 later decision quote this exact passage · from the majority
   e.g. Roberson v. Hughes

2. ““Webster defines the word ‘apparent’ thus: ‘Clear or manifest to the understanding; plain; evident; obvious; appearing to the eye or mind.’ This does not mean that an error which can be ascertained by looking into the record and considering the evidence may be considered without an assignment, for that would include every error which can be considered at all. Nothing can be considered as an efror which cannot be made apparent by an examination of the record. Therefore the language of the statute must be given that construction which will make it consistent with its requirements in other respects. The language ‘apparent upon the face of the record,’ indicates that it is to be seen upon looking at the face of the record (that is, the assignment itself), the fact pointed out by it must show a good and sufficient ground for the court to interfere to prevent injustice being done. to one of the parties. Perhaps the best expression is that it must be a fundamental error; such error as being readily seen lies at the base and foundation of the proceeding and affects the judgment necessarily.””

   1 later decision quote this exact passage · from the majority
   e.g. Zmek v. Dryer

3. ““Since every error must in one sense appear upon the face of the transcript, it is difficult to tell what is meant by this language. But we incline to think it intended to signify a prominent error, either fundamental in character or one determining a question upon which the very right of the case depends.””

   1 later decision quote this exact passage · from the majority
   e.g. Hendrick v. Blount-Decker Lumber Co.