Pierce v. Works’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The remaining question ... is whether the provisions of sections 953a, 953b and 953c, of the Code of Civil Procedure, providing a record on appeal in lieu of the ordinary bill of exceptions, authorize such a record in a matter like the one here involved, when the proceedings at the hearing have not been taken down by a stenographic reporter, and the evidence submitted to the court consisted entirely of the files and records of the action. “The order appealed from is, of course, one not included in the judgment-roll. . . . Section 953a purports to provide a method of preparation of record to which a party appealing ‘from any judgment, order or decree of the superior court’ may resort ‘in lieu of preparing and settling a bill of exceptions’, and under which, of course, he may bring to the appellate court anything he might properly include in a bill of exceptions. It is true, of course, that as to parol evidence, and as to writings merely offered or received in evidence at a trial as distinguished from papers, records, and files in the cause, the section contemplates that there shall have been a phonographic report of the proceedings. . . . But if there was no such evidence to report, and consequently no office for a phonographic reporter to perform, if the only matters considered on the hearing of the motion were the pleadings, papers, records, and files in the cause, as is always the case on a motion heard and determined solely on affidavits and the records and files of the a”

   1 later decision quote this exact passage
   e.g. Deary v. Shields