Taylor v. Duesterberg’s Empirical Analysis
1887
Citation profile
56 state decisions
How this case has been cited
Cited by 56 later decisions — most recently August 1980 · most notably Keys v. McDowell (1913), Phelps v. Smith (1888)
56 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 Hays v. Reger · Foltz v. Wert · Weight v. Jones · Faurote v. Carr · Granger v. Bassett
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . Where the contract or matter involved in the suit or proceeding is such that one of the parties to the contract or transaction is, by death, denied the privilege of testifying in relation to such matter, the policy of the statute is to close the lips of the other also in respect to such matter. . . . The true spirit of the statute seems to be, that when a party to a subject-matter or contract, in action, is dead, and his rights in the thing or contract have passed to another who represents him in the action or proceeding which involves such contract or subject-matter, to which the deceased was a party, the surviving party to that subject shall not testify to matters occurring during the lifetime of the decedent. . . .” See cases cited therein. See also 30 I. L. E. Witnesses, §41, pp. 23, 24 and §42, pp. 27. and 28 for a general discussion.”
1 later decision quote this exact passage““ * * * Where the contract or matter involved in the suit or proceeding is such that one of the parties to the contract or transaction is, by death, denied the privilege of testifying in relation to such matter, the policy of the statute is to close the lips of the other also in respect to such matter. * * * ””
1 later decision quote this exact passagee.g. Kessler v. Kessler
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.