Murtha v. Olson’s Empirical Analysis

Citation profile

4 federal appellate · 7 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The facts recited here distinguish this case from Kueffner v. Gottfried, 154 Minn. 70 , 191 N. W. 271 , supra, where the sheriff’s affidavit directly affirmed that within, his personal knowledge the place of service was defendant’s house of usual abode. While it is true, as stated in the Kueffner case, that the sheriff’s return is entitled to great weight, this rule is applicable only to those portions of the return which relate to facts within his personal knowledge. Other statements therein relating to a defendant’s place of usual abode, made without direct knowledge of any kind on the part of the sheriff, have no greater weight than like statements of other witnesses based upon like foundations. In the face of the direct denials of defendant and his witnesses and the lack of other corroborating evidence, the sheriff’s return was not conclusive on this point, and we hold that it was overcome by the affidavits and other testimony submitted by defendant on this issue.””

   1 later decision quote this exact passage
   e.g. Holmen v. Miller