Tyson v. Scott’s Empirical Analysis

Citation profile

1 federal appellate · 34 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The courts are often placed in positions of great difficulty. On the one hand there is an urgent demand on the part of' the public (oftentimes well founded) for the codification of the laws, so that rights and remedies may be concisely and plainly dealt with, fixed and ascertained; but as soon as such a statute is passed the courts are besieged with a like urgency to overstep the limits prescribed by the letter of the law and to give relief in cases which the statute does not embrace. In the construction of statutes, the courts have but one object, to which, all rules of construction are subservient, and that is to ascertain the will of the legislature, the true intent and meaning of the statute, which are to be gathered by giving to all the words used their plain meaning, and construing all statutes in pari materia in such manner as to reconcile, if possible, any discordant feature which may exist, and make the body of the laws harmonious and just in their operation. Beyond these limits the courts have no power in dealing with rights created, measured, limited and enforced by positive statutes.””

   1 later decision quote this exact passage · from the majority
   e.g. Covington Virginian, Inc. v. Woods

2. ““For practical purposes, though perhaps not technically accurate, we may say that, under existing rules of practice, an appeal lies from a lower to a higher court, and is a continuation of the same case upon the same evidence before the higher tribunal, and the case is simply heard de novo before the higher tribunal. It is a rehearing before the higher court, with no presumptions against the appellant, except in case of doubt, where the decision of the lower tribunal will be affirmed. With this exception, the decision of the lower court has no effect.””

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

3. ““* * * the whole subject of the probate of wills rests upon and is regulated by statute law, and that the •courts, in admitting a will to probate are confined to the simple question whether the paper admitted to probate was the true last will and testament of the deceased, atid cannot be extended further, for the jurisdiction of a court to probate is not to ascertain and enforce rights of property, but to establish, -preserve, and perpetuate an important muniment of title.””

   1 later decision quote this exact passage · from the majority
   e.g. Foster v. Carlin