Kelley v. Barnhill’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n order to authorize an appeal in a probate matter, it is not necessary that the decision, order, decree, or judgment referred to therein be one which fully and finally disposes of the entire probate proceeding. [Citations omitted.] However, it must be one which finally disposes of and is conclusive of the issue or controverted question for which that particular part of the proceeding was brought [Citation omitted.]_ ‘This statute doubtless has application only to such decisions, orders, or judgments as at the end of a term would be held conclusive, as adjudicative of some controverted question or right, unless set aside by some proceeding appellate or revisory in its nature.’”

   2 later decisions quote this exact passage · from the majority
   e.g. Crowson v. Wakeham · Christensen v. Harkins

2. ““Here, the issue or controverted question that was before the probate court, and for which that particular part of the proceeding was brought, was whether or not the purported will should be admitted to probate. The order overruling contestants’ plea in abatement did not dispose of that issue and was not conclusive thereof. It was a mere interlocutory order made in the progress of the trial, and was therefore not appealable. Thomas v. Hawpe, 25 Tex.Civ.App. 534 , 62 S.W. 785 , writ refused. Respondents should have waited until the court had completed the trial on the issue as to whether or not the will should be admitted to probate. Upon the trial of that issue respondents may be successful, and, if so, there will be no need for them to appeal. If they lose upon a trial on that issue, they will then be in a position to appeal; and if they properly preserve the point, they may raise the question as to the correctness of the ruling of the trial court on the plea in abatement as a part of their appeal. The ruling attempted to be appealed from was not such a final order as would authorize an appeal therefrom, and consequently the district court properly dismissed the appeal.””

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

3. ““Any person who may consider himself aggrieved by any decision, order, decree, or judgment of the Court shall have the right to appeal therefrom to the District Court of the County * $ $”

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