Public-domain · open source
OpenJurist
← 207 Ark. 329 - Gill v. Burks

Gill v. Burks’s Empirical Analysis

1944

Citation profile

10
cited by 10 later decisions
1
states following
October 2025
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently October 2025

10 state decisions

40194419501960197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Pacific Mutual Life Insurance v. Carter · St. Louis Southwestern Railway Co. v. Mulkey · Fidelity Mutual Life Insurance v. Click · Interstate Business Men's Accident Ass'n v. Sanderson · St. Louis, Iron Mountain & Southern Railway Co. v. Ingram

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

  1. ““Because affidavits and certificates which are outside of the record, even though made by trial judges, cannot be considered on appeal (Hardie v. Bissell, 80 Ark. 74 , 94 S. W. 611 ), and because under our practice, in the absence of an agreement by the parties, applications for correction of a record must be first addressed to the trial court from which such record proceeded, [citing cases], we overruled appellee’s motion to correct the record without prejudice to his right to make application to the trial court. Nothing has been subsequently filed here disclosing that the trial court has taken any action in the matter, and we must, therefore, accept as conclusive matters which are, and wholly disregard matters which are not, properly incorporated in the original transcript filed in this appeal.””
    1 later decision quote this exact passage
  2. “"(1) To authorize the court to withdraw from the consideration and determination of the jury the questions of fact involved in the litigation, it is essential that, at the conclusion of all the evidence in the case, the plaintiff and defendant should each request the court to direct the verdict, and this request must not be accompanied by any request for instructions to the jury which would require the jury to determine any controverted question of fact."”
    1 later decision quote this exact passage
  3. “"It has been repeatedly held that though both parties request peremptory instructions, yet where one requested another instruction submitting the issue to the jury he will not be deemed to have waived his right to have the issue decided by the jury."”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.