Finley v. Rutherford’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The function of the Supreme Court in this respect is to determine whether or not there is substantial evidence to support the findings of fact and conclusions of law. Section 93-216, R.C.M.1947; Bender v. Bender, 144 Mont. 470 , 397 P.2d 957 ; Kyser v. Hiebert, 142 Mont. 466 , 385 P.2d 90 . We will not disturb the trial court’s findings of fact and conclusions of law unless there is a clear preponderance of the evidence against such findings. Studer Const. Co. v. Rural Special Impr. Dist., 148 Mont. 200 , 418 P.2d 865 ; Duffie v. Metropolitan San. & Storm Dist., 147 Mont. 541 , 417 P.2d 227 . # * * “In reviewing the evidence, quite understandably, it was in conflict. It is a matter for the district court’s determination in non-jury eases; the court sees the witnesses, weighs their creditability and then makes the decision. This Court will uphold such a determination by the trial court when based on substantial evidence, even though conflicting. Hammond v. Knievel, 141 Mont. 433 , 378 P.2d 388 * * * ””

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