120 Ind. App. 507 - Hull v. Burress’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The appellant contends that the trial court erred in rendering the judgment appealed from against the estate of King L. Hull, deceased, instead of Helen L. Hull, as executrix of the estate of King L. Hull, deceased, citing Sec. 6-1016, Burns’ 1933 which provides that the court shall render judgment against the executor or administrator. However, it has been held that a judgment against an administrator, as such, is not substantially, but merely, nominally, a judgment against him. It is a judgment against the estate which he administers, payable out of the estate, and is never to be paid unless the estate is able to pay it. Egbert v. State (1853), 4 Ind. 399 ; 1 Henry’s Probate Law (5th Ed.), § 322, p. 419. The action of the trial court in rendering judgment for plaintiff against the estate of King L. Hull, deceased, instead of a judgment in the name of the executrix, while technically erroneous is not ground for reversal, since the executrix was merely the nominal party and the representative of the estate, and the judgment was in substance and actuality against the estate, and the payment of such judgment by law must come from such estate. After the filing of the claim against the estate as required by law, the executrix became a party by operation of law, and the appellee’s failing to name the executrix in her statement of claim did not invalidate the same. Bowman et al. v. Citizens Nat’l. Bank of Martinsville et al. (1900), 25 Ind. App. 38 , 56 N.E. 39 .” (Emphasis suppli”

   1 later decision quote this exact passage
   e.g. State ex rel. Mental Health Commissioner v. Estate of Heithecker

2. ““The appellant, however, insists there is a failure of proof in that appellee has failed to produce direct evidence of the performance of the services for the exact days and hours set forth in the claim, and that such burden was upon appellee. “Under our statute the claimant’s lips were sealed, and for many of the hours only claimant or decedent would have direct knowledge of the performance of such services. But the testimony of the witnesses that the claimant was the decedent’s private nurse, and that they saw claimant and decedent two or three times a day would justify a reasonable inference that the services were continuous for the hours alleged in the claim. “The exactitude insisted upon by counsel for the appellant would amount to rules of proof of absolute technical perfection, and above and beyond any reasonable standards of proof requirements, and such requirements would be wholly impracticable of application to the degree insisted upon in determining facts affecting human obligations in courts of justice.” .”

   1 later decision quote this exact passage
   e.g. 124 Ind. App. 478 - First Bank & Tr. Co., Etc., Extr. v. Tellson