Johnson v. Brown’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant argues that no statement of facts can be made up under Rule 377, Texas Rules of Civil Procedure, in the absence of a reporter’s transcript of the evidence heard by the trial court,, and he seeks, in effect to have this court apply on this writ of error the holding' made in Pacific Greyhound Lines [Inc.] v. Burgess, Tex.Civ.App., 118 S.W.2d 1100 , which follows Victory v. Hamilton, 127 Tex. 203 , 91 S.W.2d 697 . “We do not agree with this argument ; Rule 377 is the governing Rule,, but it authorizes the filing of a statement of facts made up by the party, or by the trial judge if the parties fail to agree, independently of a reporter’s notes of testimony. The San Antonio Court so held in Crawford v. Crawford, Tex.Civ.App., 181 S.W.2d 992 “ * * * Being satisfiéd that the method exists, we decline to limit its availability (in the sense indicated) in the absence of any expressed limitation in the Rules. The majority in Crawford v. Crawford, after referring to the procedure in force under the statutes enacted in 1931 and to the apparent expression in Rule 377 of an intent to change this procedure, held that this alternative method of preparing a statement of facts applied even in a case where the reporter had taken notes of the testimony and the parties had been deprived of these notes by the reporter’s death.””

   1 later decision quote this exact passage
   e.g. Koonce v. City of Mesquite