Wert v. Phillips’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The record examined in consolidated cases asserting an oral contract with deceased persons wherein a widow of a son of the deceased parties alleged that they agreed to leave her the son’s share of their estate in the event of his death if she would remain a widow as long as they lived and render certain services to them, and held: (1) The trial court either decided the cases upon an incorrect conception of the law or acted arbitrarily in disregarding adequate competent, uncontradicted evidence; (2) this court is unable to order judgment for an appellant in the absence of findings upon related and essential mixed questions of fact and law which are not determined by the trial court on conflicting evidence; (S) in the above circumstances, the appellant is entitled to new trials.” (Syl. 1.)”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Winters

2. ““Ordinarily the trier of the fact is not required to believe the testimony of any witness merely because there is no direct testimony to controvert it, but where plaintiff produces two witnesses who testify on every material element of plaintiff’s cause of action, and such testimony is not inherently improbable or uncandid, and the cross examination does not develop any conflict, and the defendant produces no testimony in opposition, the trier of the fact is not justified in arbitrarily or capriciously disregarding such testimony.””

   1 later decision quote this exact passage · from the majority
   e.g. Reeves v. Child

3. ““. . . it appears this court, in cases similar in character to this one, has recognized the rule that the express terms of the contract need not be established by direct evidence, that all the facts and circumstances may be considered, and that performance is not only essential to recovery but is one of the circumstances which should be taken into consideration in determining whether a contract was entered into.” (p. 238.)”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Isom