State v. Harnischfeger’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. .' . a presumption that such gift was made in contemplation of death arises which, in the absence of credible evidence to the contrary, permits the conclusion that such gift was made in contemplation of death. Its effect, is to place upon the donee the burden of showing that such gift was not made fin contemplation of death.’ Such presumption has no probative weight as against evidence to the contrary, but does create a prima facie case for the party in whose favor it exists. - 1 Jones, Comm. on Evidence (2d ed.), p. 60, § 30; Stumpf v. Montgomery, 101 Okla. 257 , 226 Pac. 65 ; Coleangelo v. Coleangelo, 46 R. I. 138, 125 Atl. 285 ; United States v. Wells, 283 U. S. 102 , 51 Sup. Ct. 446.””

   1 later decision quote this exact passage
   e.g. Gallun v. Tax Commission