Victory v. Hamilton’s Empirical Analysis

Citation profile

75 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question of whether the Court of Civil Appeals was authorized to reverse and remand the cause for the reasons stated in this memorandum must be determined in the light of the statutes as they now exist and existed at the time the order of reversal was made. The relevant statutes are: Articles 2237, 2238, and 2239, as amended by the 42d Legislature 1931, 1st Called Session, p. 75, c. 34, §§ 1-3 (Vernon’s Ann.Civ.St. arts. 2237-2239). In substance these articles, as amended, provide for a statement of facts in question and answer form; for objections to the admission or exclusion of evidence or to any of the court’s rulings to be incorporated therein 'in lieu of formal bills of exceptions, with a provision that the parties may, if they de sire, file a statement of facts in narrative form showing only evidence and facts relating to questions of which review is sought. These statutes, as amended, effect a material change in our practice with reference to the preparation and filing of statements of facts. It would be unreasonable under these statutes to require a litigant to be prepared at his peril to reproduce the facts in question and answer form. In order to be able to do so, he would be required to employ his own private stenographer to take the testimony at the trial. The appealing party is entitled to a statement of facts in question and answer form, and if, through no fault of his own, after the exercise of due diligence, he is unable to procure such a statement of fa”

   1 later decision quote this exact passage · from the majority
   e.g. Pacific Greyhound Lines, Inc. v. Burgess

2. ““Furthermore, it appears that no effort was made to prepare a statement of facts, although the trial judge testified that by the use of the notes he made, the pleadings of the parties, and a conference of the attorneys for both litigants, such a statement of facts could be prepared. A statement of facts thus prepared would have protected the appellant as to all assignments of error predicated upon an insufficiency of the evidence to support any issue submitted to the jury, or the finding made by the jury on any issue. ^ H= “In the instant case, appellant is content to rest his case solely upon the absence of an inability to obtain a statement of facts in question and answer form from the official court stenographer’s notes. “We are of the opinion that a litigant must go further and exhaust his efforts to secure his bills of exception and a fair statement of the facts adduced, and then show that he has been unable to protect himself on the appeal, after such diligence on his part, before the relief prayed for will be given him.””

   1 later decision quote this exact passage · from the majority
   e.g. Koonce v. City of Mesquite