White v. White’s Empirical Analysis

Citation profile

2 federal appellate · 303 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 305 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In determining whether it was proper to instruct a verdict in this case, we must view the evidence in the light most favorable to the petitioners, the losing parties. * * * We must indulge against the instruction every inference that may be properly drawn from the evidence. * * * And, if the record reflects any testimony of probative force in favor of the losing parties, we must hold the instruction improper.””

   3 later decisions quote this exact passage · from the majority
   e.g. Hughes v. J. Weingarten, Incorporated · Klinke v. Harbison

2. “[It] must indulge against the instruction every inference that may properly be drawn from the evidence. And, if the record reflects any testimony of probative force in favor of the losing parties, [it] must hold the instruction improper. A peremptory instruction is warranted only when the evidence is such that no other verdict can be rendered and the winning party is entitled, as a matter of law, to a judgment. (Citations omitted).”

   2 later decisions quote this exact passage · from the majority
   e.g. Maxie v. Maxie · Else v. Hawks

3. ““In determining whether it was proper to instruct a verdict in this case, we must view the evidence in the light most favorable to the petitioners, the losing parties. Thomas v. Postal Telegraph Cable Co., Tex.Com.App., 65 S.W.2d 282 . We must indulge against the instruction every inference that may properly be drawn from the evidence. Texas Employers’ Ins. Ass’n v. Boecker, Tex.Civ.App., 53 S.W.2d 327 , error refused. And, if the record reflects any testimony of probative force in favor of the losing parties, we must hold the instruction improper. Clutter v. Wisconsin Texas Oil Co., Tex.Civ.App., 233 S.W. 322 , error refused. A peremptory instruction is warranted only when the evidence is such that.no other verdict can he1 rendered and the winning party is entitledas a matter of law, to a judgment. Stevens v. Karr, 119 Tex. 479 , 33 S.W.2d 725 . Applying these ' principles and considering Mr. White’s age, his physical condition, the doctor’s testimony as to the probable effect of his physical ailments' on his mind, and the other testimony which we have summarized, we' cannot say that reasonable minds could not conclude that he lacked sufficient • mental capacity to' execute the deed in controversy. Therefore, we hold that the issue should have been left for' the jury’s determination. The facts here closely parallel those in Chambers v. Winn, 137 Tex. 444 , 154 S.W.2d 454 . Many supporting authorities, are- cited in 36 Texas Digest, Trial,”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Lockhart's Estate