203 Mo. App. 589 - Webb v. Byrd’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The fact that defendant sought and acted upon the advice of counsel will not relieve him from liability unless it be found that he made a full, fair, and truthful disclosure to counsel, and acted in good faith upon the advice given him. March v. Vandiver, 181 Mo.App. 281 , 168 S.W. 824 . In the instant case defendant testifies (and so does his counsel) that he told counsel, among other things, that after missing his pocketbook, and after the conversation with Sachse, he saw plaintiff in the store and had the conversation with plaintiff to which we have referred above, and that plaintiff first stated that he had defendant’s pocketbook and afterwards denied it. This is flatly contradicted by plaintiff; plaintiff testifying that he did not have any conversation with the defendant at all on that day prior to the time when he was searched by the constable. Consequently, the case is one in which the jury could with propriety find that defendant did not truthfully lay before his counsel the facts within his knowledge touching the question of plaintiff’s guilt. “We consequently rule this assignment of error against the appellant.””

   1 later decision quote this exact passage
   e.g. Hupp v. North Hills Lincoln-Mercury, Inc.