117 Ind. App. 4 - Waid v. Waid’s Empirical Analysis

Citation profile

3 federal appellate · 8 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant's contention that the finding and decision of the court is not sustained by sufficient *Page 272 evidence and is contrary to law requires a review of the evidence. "It is well settled that this court cannot weigh conflicting evidence and, if there is any substantial evidence in the record to sustain the finding and decision of the trial court, the judgment must be affirmed. In this connection it must be borne in mind that the trial judge, as the trier of the facts, was not bound by the testimony of any single witness or any particular item of evidence. It was his exclusive province to judge and determine the credibility of witnesses, weigh the evidence, . . . We have examined the record and find the evidence is conflicting and that there is substantial evidence to sustain the decision of the trial court. Upon appeal this court cannot substitute its judgment as to the weight of the evidence for that of the trial court.”

   1 later decision quote this exact passage
   e.g. Bitner v. Bitner