Humble v. Humble’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellants contend that Mr. Iiumble’s claim is not established by sufficient proof, and that the verdict of the jury is excessive. Upon the first point, appellants insist that the facts of this case bring it within that line of cases holding that where the relationship of the parties is such as to raise the presumption that they lived together as a matter of mutual convenience, the law will not imply a promise to pay for services rendered by olie to the other; but on the contrary, an express contract must be proved, or it must be shown that, at the time the service was rendered both parties intended and expected that the service was to be paid for, and in such cases stricter proof is required than in other cases. [Cited cases.] It may be conceded that for ordinary personal services, or for extraordinary services rendered in an emergency and for a brief period of time, under the circumstances indicated, the rule above quoted applies; and, fol-. lowing this rule, we have frequently held that expressions on the part of the person receiving the services, to the effect that the person serving was a good person and ought to be paid, are to be considered mere expressions of gratitude rather'than as evidence of a contract or intention to pay. [Cited cases.] This court has recognized a distinction between ordinary services performed by the wife of the son of an intestate and services of an extraordinary and menial kind. [Cited cases.] As to the latter services covering a long period ”

   1 later decision quote this exact passage · from the majority
   e.g. Powell's Administrator v. Powell