165 W. Va. 709 - Dishman v. Jarrell’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ Syl. pt. 3, Chapman v. Kane Transfer Company, 160 W. Va. 530 , 236 S.E.2d 207 (1977).” Syllabus, Dishman v. Jarrell, _ W. Va. _, 271 S.E.2d 348 (1980); Syllabus, John W. Lodge Dist. Co., Inc. v. Texaco, Inc., 161 W. Va. 603 , 245 S.E.2d 157 (1978).”

   1 later decision quote this exact passage
   e.g. 165 W. Va. 773 - Leasetronics, Inc. v. Charleston Area Medical Center, Inc.

2. “A deed, absolute on its face, can be declared a mortgage, and the right to redeem may be established by parol evidence. A court considers several factors, including the intention of the parties; the existence of a debt to be secured; the circumstances under which the conveyance was made; [and] whether the grantor remained in possession^]”

   1 later decision quote this exact passage
   e.g. 225 W. Va. 688 - First American Title Insurance v. Firriolo

3. “[s]ubject matter jurisdiction may never be waived.”

   1 later decision quote this exact passage
   e.g. STATE EX REL. BARDEN AND ROBESON v. Hill