Davis v. Kimberlain’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But he cannot, subject to the exception later to be noticed, testify for himself in chief, either orally or by deposition, after taking other testimony for himself in chief, and there is no dispute about the fact that the deposition of Burton was taken by Kimberlain in chief before he gave his own deposition in chief; and, this being so, if this section of the Code should be strictly construed and according to its letter, the exceptions filed to the deposition of Kimberlain should have been sustained.””

   1 later decision quote this exact passage
   e.g. Brown v. Smiley

2. ““Adopting the rule of practice laid down in these cases, that it will not be reversible error to permit a party to give evidence in chief in his own behalf after introducing other evidence if it affirmatively appears that the failure to observe the order of introduction specified in the Code did not prejudice the substantial rights of the other party, we are of the opinion that the court did not commit error in overruling the exceptions to the deposition of Kimberlain.””

   1 later decision quote this exact passage
   e.g. Brown v. Smiley