In Re Deming’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At the outset, appellant argues that respondents, having taken no cross-appeal, are bound by the terms of the decree, and cannot avail themselves even of a manifest error therein contained, no matter how prejudicial to themselves. This argument is not sound. This court may notice and correct any evident error prejudicial to the minor respondents, even though they have not appealed. In the case of Glade Coal Mining Co. v. Harris, 65 W.Va. 152 , 63 S. E. 873, 877 , the Supreme Court of Appeals ■of West Virginia laid down the rule as follows : “ 'On appeal an infant will be given the benefit of every defense of which he could have availed himself, or which might have been interposed for him in the trial court, and that where the record shows error, as to a minor defendant, the judgment will be reversed, though there is no appeal on his part, it being the duty of the chancellor, as the guardian of infants, to protect their rights.’ ””

   1 later decision quote this exact passage
   e.g. Haden v. Eaves

2. “The hearing, as above stated, was unusually long. Lengthy and complicated accounts were necessarily considered. The trial was participated in by the first guardian, by two of his sureties, by the second guardian, by Robertson and his counsel, and by the guardian gd litem. Able and energetic counsel were vigorously endeavoring to advance the conflicting interests of their respective clients. Considerable tension developed, and at times the strain upon court and counsel manifested itself by way of tart joinder and rejoinder. However, the record affords no basis for holding that, because of any bias or prejudice on the part of the trial court, appellant did not have a fair trial, and that consequently this court should direct that a new trial be granted and the entire matter heard over again. Appellant’s first assignment of error is without merit.”

   1 later decision quote this exact passage
   e.g. 12 Wash. App. 548 - State v. Johnson

3. ““Appellant argues that the court’s power to reduce a guardian’s bond was impliedly read into the bond, and became a part of the surety’s contract. This is true, but in the proceedings leading up to the reduction of a bond already operative, and in connection with which obligations have accrued, the law must be carefully observed before the amount of the penalty may be reduced. Appellant also argues that, because the statute contains no direct provision for notice to a ward of a proposed reduction in the guardian’s bond, notice of such a step is no more necessary than notice to the ward of the fixing of the amount of the bond in the first instance.””

   1 later decision quote this exact passage
   e.g. Hartford Accident & Indemnity Co. v. Hembree