22 Ala. App. 243 - Fuquay v. State’s Empirical Analysis
1927
Citation profile
17 state decisions
How this case has been cited
Cited by 19 later decisions — most recently September 2012
17 state decisions
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 Miller-Brent Lumber Co. v. Douglas · Moore v. Heineke · Young v. Woodward Iron Co. · Jones v. Jones · McLaughlin v. McLaughlin
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The law is that such evidence (circumstantial) is always insufficient, where, assuming all to be proved which the evidence tends to prove, some other hypothesis may still be true, for it is the actual exclusion of every other hypothesis which invests mere circumstances with the form of proof. . . . And . . . our own Supreme Court in the case of Miller Brent Lumber Co. v. Douglas , 167 Ala. 286 , [288], 52 So. 414 , [415] [1910], . . . said: " 'The possibility that a thing may occur is not alone, under any fair, reasonable deduction, evidence, even circumstantial, that the thing did in fact occur.' "The Iowa court has very clearly expressed the same idea in the following language: " ' "It has been found to be a wise and safe rule to require circumstantial evidence to go so close to the fact to be proved that it must be the immediate and direct inference therefrom. Any other rule would result in great uncertainty. If the ultimate fact should be drawn from intervening inferential facts, the probability of its correctness would be much weakened. It would be a probability based upon a probability. The law will not tolerate such uncertainty." It is a general rule, in determining whether the circumstances relied upon furnish any evidence whatever of the conclusion sought to be drawn therefrom, that the facts which the evidence tends to establish must be of such nature and so related to each other that the conclusion is the only one that can fairly or reasonably be so drawn. It is n”
1 later decision quote this exact passage“The law is that such evidence (circumstantial) is always insufficient, where, assuming all to be proved which the evidence tends to prove, some other hypothesis may still be true, for it is the actual exclusion of every other hypothesis which invests mere circumstances with the form of proof. . . . And . . . our own Supreme Court in the case of Miller Brent Lumber Co. v. Douglas , 167 Ala. 286 , [288], 52 So. 414 , [415] [1910], . . . said:”
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.