Kirk v. Head’s Empirical Analysis

Citation profile

5 federal appellate · 110 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 117 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * the pleadings in a particular case, for the purposes of use in that case, are to be regarded as formal judicial admissions rather than ordinary admissions. They are not evidence but a waiver of evidence. In taking advantage of the admission the process is not one of putting the pleading in evidence but one of invoking the language of the opponent’s pleadings as rendering certain facts indisputable. In other words the fact admitted is assumed, without the introduction of the pleading or presentation of other evidence to be conclusively established for the purposes of a particular case.””

   4 later decisions quote this exact passage · from the majority
   e.g. Gates v. Allstate Texas Lloyd's · West v. Plantation Hills, Inc.

2. ““Betty Kirk et al. argue that potential jurisdiction is a matter of law, and cannot be conferred by agreement. We recognize that such is the rule. A court cannot render a valid judgment in a case where it has no potential jurisdiction; and where potential jurisdiction is actually lacking, it cannot be conferred by agreement of the parties. In spite of this, where potential jurisdiction is dependent on the existence of facts, the litigating parties to a cause can agree on the jurisdictional facts; and from such agreed facts the court can determine the question of jurisdiction. Maul v. Williams, Tex.Com.App., 69 S.W.2d 1107 , opinion approved; Texas Employers’ Ins. Ass’n v. Wright, Tex.Com.App., 4 S.W.2d 31 ; 11 Tex.Jur. p. 717, § 12. From the above rule we think that where the potential jurisdiction of a court to try a given case depends on certain facts, and both sides to the cause allege such facts in their pleadings, they have, in legal effect, agreed to the jurisdictional facts.””

   1 later decision quote this exact passage · from the majority
   e.g. Garza v. Perez

3. ““It is settled that the district court is without jurisdiction to partition art estate of a deceased person within four years after the death of such person, unless it is pleaded and proved that no administration is pending on such es--tate, and that none is necessary.””

   1 later decision quote this exact passage · from the majority
   e.g. Lewis v. Lewis