McKibban v. Scott’s Empirical Analysis
1938
Citation profile
40 state decisions
How this case has been cited
Cited by 40 later decisions — most recently December 1973 · most notably Gray v. Bird (1964), Combs v. Howard (1939)
40 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 Spencer v. Schell · Leahy v. Timon · Clark v. Briley · Perdue v. Perdue · Commonwealth Bonding & Casualty Ins. Co. v. Hollifield
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is settled as the law of this state that the test furnished by article 3716, supra, embraces not only the capacity of the parties, but also the effect of the judgment of which the suit admits. If the action be one by or against an heir, in which judgment may be rendered for or against him, as such, the statute applies. Spencer v. Schell, supra [ 107 Tex. 44 , 173 S.W. 867 ] ; Leahy v. Timon, supra [ 110 Tex. 73 , 215 S.W. 951 ].””
1 later decision quote this exact passage · from the majoritye.g. Holt v. Drake““. . . The object of the statute was to prohibit the interested heirs and legal representatives from testifying to any facts, or opinions, based upon observations arising out of any transaction with the decedent which the decedent could, if living, contradict or explain. Death having sealed the lips of one of the parties, the law, for reasons founded upon public policy, seals the lips of the other.””
1 later decision quote this exact passage · from the majoritye.g. Holt v. Drake
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.