154 Ill. 2d 160 - Flynn v. Cohn’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Although a trial court’s decision is always subject to review, a reviewing court should not overturn a trial court’s findings merely because it does not agree with the lower court or because it might have reached a different conclusion had it been the trier of fact. [Citations.] The trial judge, as the trier of fact, is in a position superior to a court of review to observe the demeanor of witnesses while testifying, to judge their credibility and to determine the weight their testimony should receive. [Citations.] Consequently, where the testimony is conflicting in a bench trial, the court’s findings will not be disturbed unless they are against the manifest weight of the evidence.’ ” (Flynn v. Cohn (1992), 154 Ill. 2d 160, 166-67 , quoting In re Application of the County Treasurer (1989), 131 Ill. 2d 541, 549 .)”

   1 later decision quote this exact passage · from the majority
   e.g. 245 Ill. App. 3d 846 - Volini v. Dubas