Smith v. Hutson’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Our decision must turn on the meaning and effect of the word ‘or’_Nu-merous decisions from the courts of this country have dealt with this word. 30 Words and Phrases 33. From them we find that it has three common usages: (1) as a disjunctive, (2) as a conjunctive, (3) as an introductory or connective word to an appositive, e.g., ‘a fiddle or violin.’ But we note that in the best considered opinions the primary use of the word is deemed to be as a disjunctive. 30 Words and Phrases 63, 67. Most cases which construe ‘or’ to mean ‘and’ do so to reconcile an ambiguity, rectify an obvious mistake, or carry out the clear meaning of the party or parties who used the word. 30 Words and Phrases 39. See Harris v. Parker, 41 Ala. 604, 615 [ (1868) ]. Some confusion exists in the cases where courts apparently think that the' mere use of the word ‘or’ creates an ambiguity, so they change it to ‘and’ to clarify matters. The practice creates more confusion in the law than it alleviates. ' [[Image here]] ' “We are moved to hold that the word ‘or’ is a disjunctive whless the context in which it was used shows clearly that the contrary was intended and that the petition was not subject to the asserted demurrer.””

   1 later decision quote this exact passage
   e.g. IBI Group, Michigan, LLC v. Outokumpu Stainless USA, LLC