Miller v. Slupsky’s Empirical Analysis

Citation profile

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

1. ““The plaintiffs’ cause of action is derivative. They, as heirs, were asserting a cause of action which Sophia Slupsky is alleged to have had against Abraham Slupsky in her lifetime, she being the one party to that cause of action and he the other, and she being dead he was incompetent to testify in the action. [R. S. 1889, section 8918; Lins v. Lenhardt, 127 Mo. 271 ; Messimer v. McCray, 113 Mo. 382 ; Meier v. Thieman, 90 Mo. 433 .] As was said in the last case cited: ‘The language of the statute is ‘the other party/ i. e., the other original party to the contract or cause of action, shall not be admitted to testify in. his. own favor, when death has precluded the other original party from an equal opportunity. Whether party to the record or not, makes no difference as to the statutory incompetency of the witness; he is prohibited from testifying in his own favor in any case whatsoever when the other original party to the contract or cause of action in issue and on trial is dead.’ ””

   1 later decision quote this exact passage
   e.g. Graham v. Wilson