Happ v. Happ’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule applicable to a review of the evidence by an appellate court, in determining appeals from judgments based upon peremptory instructions and motions for judgment non obstante veredicto, is well settled. ‘In determining in any case whether or not error has been committed by a trial court in instructing a verdict (or rendering judgment non obstante veredic-to), the testimony must be considered in the light most favorable to the losing party. Conflicts in the testimony must be disregarded, and every intendment reasonably deducible from the evidence must be indulged in favor of such party and against the verdict,’ or the judgment non obstante veredicto. Anglin v. Cisco Mortgage Loan Company, 135 Tex. 188 , 141 S.W.2d 935, 938 . “Viewing the testimony in this light, it can not be said that there is no evidence supporting the jury’s answer to special issue No. 14, and the judgment must be reversed unless the rule suggested by appel-lees has a factual basis in the record. “The generally accepted statement of the rule is that ‘when a party testifies to positive and definite facts which, if true, would defeat his right to recover or conclusively show his liability, and such statements are not subsequently modified or explained by him so as to show that he was mistaken -although testifying in good faith, it has generally been held that he is conclusively bound by his own testimony, and cannot successfully complain if he is non-suited or the court directs a verdict against him.’”

   1 later decision quote this exact passage
   e.g. Garza v. Garza