Whelan v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In ascertaining from the record if a genuine issue of a material fact is presented the provisions of Rule 166-A ‘should be temperately and cautiously applied’. Kaufman v. Blackman, Tex.Civ.App., 239 S.W.2d 422, 428 . And as stated in 22 Texas Law Review, p. 438, ‘It is historical that in administering summary judgment practice, the courts have been inclined to be critical of the showing made by the moving party. Customarily he is held strictly to a conclusive showing that no fact issue exists and that he is entitled to judgment without further delay. Conversely, the courts accord the resisting party considerably more indulgence; the motion will be denied if it appears that a substantial fact issue may exist, regardless of in-formalities or defects in the resisting party’s papers.’ See also King v. Rubinsky, Tex.Civ.App., 241 S.W.2d 220 , and decisions there discussed. The application of this rule to the record here leads to the conclusion that defendants were entitled to a hearing on the merits of their claim asserted.””

   1 later decision quote this exact passage
   e.g. Shearer v. Mitchell

2. ““If plaintiffs’ sands were -materially below this average thickness of 22 feet, then they would be penalized under the formula adopted while others with a deeper reserve sand would be rewarded. ‘If the board arbitrarily adopted Erainborg’S report and adhered thereto without regard to (its) true value of the property, then it employed a wrong principle in fixing the value of the property and the .assessment must be set aside.’ Simkins v. City of Corsicana, Tex.Civ.App., 86 S.W.2d 792, 794 . And this may be so, ‘without showing a dishonest intent on the part of the Board.’ 40 T.J., p. 161; see also 40 T.J., Taxation, Sec. 115.””

   1 later decision quote this exact passage
   e.g. Whittenburg v. State