Purdy v. Hall’s Empirical Analysis

Citation profile

37 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. ““That a demurrer to the evidence, or the more modern practice of directing the verdict, is admissible upon the trial of an issue of devisavit vel non, see Stuart v. Lyons, 54 W. Va. 665 , 47 S. E. 442 ; Broach v. Sing, 57 Miss. 115 ; Wagner v. Zeigler, 44 Ohio St. 59 , 4 N. E. 705 ; Purdy v. Hall, 134 Ill. 303 , 25 N. E. 645 . “In the case last cited the court says: ‘With reference to the statutory proceeding to contest by bill in chancery the validity of a will, it is expressly stated in the statute (Rev. St., 1874, c. 148, sec. 7), that the issue shall be tried by a. jury; and it follows that, in regard to the action of the court in taking the case from the jury and directing a verdict against the contestant, the same rule must be applied that obtains in respect to trials in suits at law. The rule in actions at law is that when the evidence given at the trial, with all the inferences that could justifiably be drawn from it, is so insufficient to support a verdict for the plaintiff that such a verdict, if returned, must be set aside, the court is not bound to submit the case to the jury, but may direct a verdict for the defendant.””

   1 later decision quote this exact passage · from the majority
   e.g. W. S. Forbes & Co. v. Southern Cotton Oil Co.