Dusing v. Schuessler’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellee also directs our attention to the fact that the petition to vacate the order admitting the will to probate was not framed in conformity with G. S. 1935, 60-3005, supra, and that the prayer thereof did not ask for the granting of a new trial. Such a contention is correct but in our opinion it should not be controlling. G. S. 1934 Supp. 59-2201, reads: “ \ . . No defect in form shall impair substantial rights; . . “and G. S. 1943 Supp. 59-301, (12), provides that probate courts shall have such powers as may be necessary and proper fully to hear and determine any matter properly before such courts. It is evident that the legislature did not intend that litigants should lose their rights in probate courts because of a failure to file pleadings in strict compliance with form requirements. In addition, it should be noted that on appeal from the probate court the district court is clothed with broad powers, under the present code, to allow or require pleadings to be filed or amended. (G. S. 1943 Supp. 59-2408.) (See Roberts v. Setty, 154 Kan. 505 , 119 P. 2d 539 .)” (1. c. 103, 104.) (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. First National Bank of Topeka v. Hiatt

2. ““One other question remains which must be answered — Did the filing of and the ruling on the ‘demand’ in the probate court while the case was pending on appeal in the district court estop the appellant from presenting her appeal in the district court? We have examined the cases cited by respective counsel on this point and have concluded that the better reasoning is to the effect that the district court became solely possessed of at least part of the case upon appeal and that the probate court thereafter had no further jurisdiction of the same issues involved in the first appeal. Since the ‘demand’ clearly raised only the same issues the result is that the ruling made by the probate court was in fact a nullity. Such being true, it had no effect for any purpose and could not be the basis of an estoppel. . . .” (p. 106.)”

   1 later decision quote this exact passage · from the majority
   e.g. Perotti v. First National Bank