Luppold v. Lewis’s Empirical Analysis

Citation profile

60 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘When reviewing findings of fact and conclusions of law of a district court, sitting without a jury, this Court has repeatedly held such findings and conclusions will not be disturbed if supported by substantial evidence and by the law . . . When reviewing evidence it will be viewed in the light most favorable to the prevailing party in the district court, and the credibility of witnesses and the weight assigned to their testimony is for the determination of the District Court in a nonjury trial. (Citations omitted.)’ ” Citing Luppold v. Lewis (1977), 172 Mont. 280, 284 , 563 P.2d 538, 540 .”

   4 later decisions quote this exact passage · from the majority
   e.g. Lauterjung v. Johnson · Arrowhead, Inc. v. Safeway Stores, Inc.

2. “A party to whom costs are awarded in an action is entitled to include in his bill of costs his necessary disbursements, as follows: (1) the legal fees of witnesses, including mileage, or referees and other officers; (2) the expenses of taking depositions; (3) the legal fees for publication when publication is directed; (4) the legal fees paid for filing and recording papers and certified copies thereof necessarily used in the action or on the trial; (5) the legal fees paid stenographers for per diem or for copies; (6) the reasonable expenses of printing papers for a hearing when required by a rule of court; (7) the reasonable expenses of making transcript for the supreme court; (8) the reasonable expenses for making a map or maps if required and necessary to be used on trial or hearing; and (9) such other reasonable and necessary expenses as are taxable according to the course and practice of the court or by express provision of law.”

   2 later decisions quote this exact passage · from the majority
   e.g. Springer v. Becker · Baeta v. Don Tripp Trucking

3. ““A party to whom costs are awarded in an action is entitled to include in his bill of costs his necessary disbursements, as follows: “(1) the legal fees paid of witnesses, including mileage, or referees and other officers; “(2) the expenses of taking depositions; “(3) the legal fees paid for publication when publication is directed; “(4) the legal fees for filing and recording papers and certified copies thereof necessarily used in the action or on the trial; “(5) the legal fees paid stenographers for per diem or for copies; “(6) the reasonable expenses of printing papers for a hearing when required by a rule of court; “(7) the reasonable expenses of making transcript for the supreme court; “(8) the reasonable expenses for making a map or maps if required and necessary to be used on trial or hearing; and “(9) such other reasonable and necessary expenses as are taxable according to the course and practice of the court or by express provision of law.””

   1 later decision quote this exact passage · from the majority
   e.g. Thayer v. Hicks