Crews v. Jackson’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We note that it appears that a portion of Crews's arguments on appeal pertain to orders entered by the district court. Crews's appeal to the circuit court was a de novo appeal. See Ala. Code 1975, § 12-12-71 ('Except as provided in Section 12-12-72[, Ala. Code 1975,] and in subsection (e) of Section 12-15-120, [Ala. Code 1975,] all appeals from final judgments of the district court shall be to the circuit court for trial de novo.'). " ' " 'Alabama cases have consistently held that a trial de novo means an entirely new trial, "as if no trial had ever been had, and just as if it had originated in the circuit court." Cloverleaf Land Co. v. State , 276 Ala. 443 , 163 So.2d 602 (1964).' " State v. Reynolds , 887 So.2d 848 , 853 (Ala. 2004) (quoting Ex parte Palughi , 494 So.2d 404 , 408 (Ala. 1986) ). "A trial de novo ... means 'trying anew the matters involved in the original hearing as if they had not been heard before and as if no decision had been previously entered.' " Neal v. First Alabama Bank of Huntsville, N.A. , 440 So.2d 1111 , 1112 (Ala. Civ. App. 1983) (quoting Rudolph v. State , 286 Ala. 189 , 190, 238 So.2d 542 , 543 (1970) ) (emphasis omitted). " 'In Cloverleaf Land Co. v. State , 276 Ala. 443 , 445-46, 163 So.2d 602 , 605 (1964), our supreme court stated: " ' "[W]e held in Thompson v. City of Birmingham , 217 Ala. 491 , 492, 117 So. 406 , 407 [ (1928) ], 'A trial de novo means a new trial "as if no trial had ever been had, and just as if it had originated in the ”

   1 later decision quote this exact passage
   e.g. Casey v. Bingham

2. “A trial de novo ... means 'trying anew the matters involved in the original hearing as if they had not been heard before and as if no decision had been previously entered.' " Neal v. First Alabama Bank of Huntsville, N.A. , 440 So.2d 1111 , 1112 (Ala. Civ. App. 1983) (quoting Rudolph v. State , 286 Ala. 189 , 190, 238 So.2d 542 , 543 (1970) ) (emphasis omitted). " 'In Cloverleaf Land Co. v. State , 276 Ala. 443 , 445-46, 163 So.2d 602 , 605 (1964), our supreme court stated: " ' "[W]e held in Thompson v. City of Birmingham , 217 Ala. 491 , 492, 117 So. 406 , 407 [ (1928) ], 'A trial de novo means a new trial "as if no trial had ever been had, and just as if it had originated in the circuit court,”

   1 later decision quote this exact passage
   e.g. Casey v. Bingham

3. “' " '... The appeal [to be tried de novo], when taken, operates to annul and vacate the entire judgment of the justice of the peace, and not a part only of the judgment. The judgment of the justice cannot upon the trial in the circuit court be looked to as a matter of evidence or of estoppel.' " ' " Petersen v. Woodland Homes of Huntsville, Inc. , 959 So.2d 135 , 139 (Ala. Civ. App. 2006). "Thus, to the extent that Crews complains about the actions taken by the district court, we cannot reach those issues. The district court's judgment has been supplanted by the judgment rendered by the circuit court, and we may review only that judgment on appeal.”

   1 later decision quote this exact passage
   e.g. Casey v. Bingham