Lehnen v. Dickson’s Empirical Analysis

Citation profile

246 federal appellate · 4 district · 10 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 303 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To obviate the objection that there is no finding of facts or agreed statement thereof, counsel for plaintiff in error insist that there is really no dispute as to the facts, no conflict in the testimony as to any substantial question, the only difference being as to a subordinate and unimportant matter, and that, therefore, it is the same as though the facts had been agreed upon or found. Further, they suggest that in the opinion delivered by the trial judge there is a narration of the facts we have heretofore recited, together with others, and then this statement preliminary to the discussion of the legal questions: ‘Thayer, District Judge, after stating the facts as above/ and claim that such statement is equivalent to a finding of the facts as previously recited. “But the burden of the statute is not thrown off simply because the witnesses do not contradict each other, and there is no conflict in the testimony. It may be an easy thing in one case for this court, when the testimony consists simply of deeds, mortgages, or other written instruments, to make a satisfactory finding of the facts; and in another it may be difficult, when the testimony is largely in parol, and the witnesses directly contradict each other. But the rule of the statute is of universal application. It is not relaxed in one case because of the ease in determining the facts, or rigorously enforced in another because of the difficulty in such determination. The duty of finding the facts is placed upon ”

   4 later decisions quote this exact passage · from the majority
   e.g. Supreme Lodge, Knights of Pythias v. England · Wolff v. Wells, Fargo & Co.

2. “Referring to Rev. Stat. § 700, the court went on to state: “ * * * Under that, the rulings of the court in the trial, if properly preserved, can be reviewed here, and we may also determine whether the facts as specially found support the judgment; but if there be no special findings, there can be no inquiry as to whether the judgment is thus supported. We must accept the general finding as conclusive upon all matters of fact, precisely as the verdict of a jury. * * *»”

   3 later decisions quote this exact passage · from the majority
   e.g. Sierra Land & Live Stock Co. v. Desert Power & Mill Co. · First Nat. Bank of Bayonne v. Anglo-South American Bank

3. ““The theory of the plaintiff in error seems to be that the general finding in this case, like a general verdict, includes questions of both law and fact, and that by excepting to the general finding he excepts to such conclusions of law as the general finding implies. But section 649, Rev. St., provides that the finding of the court, whether general or special, shall have the same effect as the verdict of a jury. The general verdict of a jury concludes mixed questions of law and fact, except so far as they may be saved by some exception which the party has taken to the ruling of the court upon a question of law. * * * The provision of the statute that the finding of the court shall have'the same effect as the verdict of a jury cuts off the right to review in this case.””

   2 later decisions quote this exact passage · from the majority
   e.g. Bowden v. Burnham · Searcy County v. Thompson