Whaley v. Vidal’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The assignment of errors correspond with the specifications of error and insufficiency of the evidence fully set forth in the bill of exceptions herein and are substantially and almost identically the same, and appear also in the grounds for a motion for a new trial, fully set forth herein. The defendants rely upon and will urge all. the grounds and assignments therein specified.’ The specifications of error being part of the bill or statement upon which the motion for a new trial was based do not, of course, mention the ruling on the motion, so it cannot be claimed that the ruling on the motion is assigned as error even by reference. In absence of such assignment, the sufficiency of the evidence to justify the verdict will not be reviewed. Carroll v. Nisbet, 9 S. D. 497, 70 N. W. 634 ; Barnard & Leas Manufacturing Co. v. Galloway, 5 S. D. 205, 58 N. W. 565 ; Pierce v. Manning, 2 S. D. 517, 51 N. W. 332 .””

   1 later decision quote this exact passage
   e.g. Lyons v. Soulek

2. ““The narrative form should be employed except where the question and answer are necessary to an understanding of an exception relating to the admission or rejection of testimony. * * *””

   1 later decision quote this exact passage
   e.g. Dewey v. Chicago, B. & Q. R.