Ex Parte Floyd’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no common law right to a trial by jury in the probate court, because the probate court under the aforesaid constitutional provision has general jurisdiction to administer an estate without being governed by common law procedure. 50 C.J.S. Juries, § 55; Tillery v. Commercial Nat. Bank of Anniston, supra, [ 241 Ala. 653 , 4 So.2d 125 ], To this it may be added that there appears to be no statute in this state authorizing a jury trial in the probate court to determine whether a. particular person is an heir to an estate. “When the administration is transferred to the equity court, the practice and procedure in the equity court are observed. § 138, Title 13, Code of 1940; Tillery v. Commercial Nat. Bank of Anniston, supra; Hinson v. Naugher et al., 207 Ala. 592 , 93 So. 560 . The administration of an estate is a part of original equity jurisdiction because, as pointed out, the administration of the estate of a decedent is the administration of a trust. Tillery v. Commercial Nat. Bank of Anniston, supra; Little v. Burgess, 240 Ala. 552 , 200 So. 566 . Hence a jury trial in such a proceeding is not a matter of constitutional right. Carpenter v. First Nat. Bank of Birmingham, 236 Ala. 213 , 181 So. 239 ; Yauger v. Taylor, 218 Ala. 235 , 118 So. 271 ; Branyon v. Kirk, 238 Ala. 321 , 191 So. 345 .””

   1 later decision quote this exact passage
   e.g. Hanks v. Hanks

2. “There is no common law right to a trial by jury in the probate court. . . .”

   1 later decision quote this exact passage
   e.g. 531 So. 2d 854 - Kemp v. Kroutter