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← 146 W. Va. 511 - Edmiston v. Wilson

146 W. Va. 511 - Edmiston v. Wilson’s Empirical Analysis

1961

Citation profile

43
cited by 43 later decisions
3
states following
December 2006
most recently cited

38 state decisions

How this case has been cited

Cited by 43 later decisions — most recently December 2006 · most notably 152 W. Va. 549 - Moore, Kelly & Reddish, Inc. v. Shannondale, Inc. (1968), 186 W. Va. 195 - Smithson v. United States Fidelity & Guaranty Co. (1991)

38 state decisions

14019611970198019902000decided

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 131 W. Va. 88 - Kanawha Banking & Trust Co. v. Gilbert · 19 W. Va. 438 - Crislip v. Cain · 8 W. Va. 406 - Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co. · French v. Hall · Johnson v. Burns

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

  1. “[A]s a general rule, the conduct of trials and the order of introducing testimony, subject to well established rules of practice and procedure, rest within the sound discretion of the trial court, and the rule is applicable to the admissibility of evidence in rebuttal which could and should have been introduced by the plaintiff in chief”
    2 later decisions quote this exact passage
  2. ““7. Any practice which enables an attorney, while engaged in the prosecution or the defense of litigation, to testify as a witness in the course of such litigation is disapproved. “8. When counsel for a party to a cause finds that he is required to be a material witness for his client he should”
    2 later decisions quote this exact passage
  3. “In other decisions with respect to the evidence required to establish mutual mistake in an unambiguous written instrument this Court has expressed substantially the same requirement in different phraseology, such as, for example, the evidence must be “clear, positive and direct,” [citation omitted]; “clear, convincing, and free from doubt, and not conflicting,” [citation omitted]; “clear, convincing and free from reasonable doubt,” [citation omitted]; “clear and convincing proof beyond reasonable controversy,” [citations omitted]; “unequivocal evidence and irresistibly conclusive,” [citations omitted]; and “clear and strong, so as to establish the mistake to the entire satisfaction of the court,” [citation omitted].”
    1 later decision quote this exact passage

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.