Evergreen Heading Co. v. Skipper’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * and if the insufficiency of the evidence to sustain the verdict or finding, in fact or law, is assigned, then the statement [Statement of Facts] shall contain a condensed recital of the evidence given by each witness in narrative form bearing on the points in issue so as to fully present the substance of the testimony of the witness clearly and concisely; * * * ””

   2 later decisions quote this exact passage
   e.g. Groves v. Segars · Kinsaul v. Florala Telephone Company

2. ““ ‘ . . . “It is well established that a reviewing Court starts with the presumption that the record contains evidence to sustain every finding of fact. It is not the province of the reviewing court to search the record in order to ascertain whether it contains evidence that will sustain a contention made by either party to the appeal. [Citing cases.] Where an appellant claims that some particular issue of fact is not sustained by the evidence, he is required to set forth in his brief all of the material evidence on the point and not merely his own evidence. If this is not done, the error assigned is deemed waived.” . . .’ Slovick v. James I. Barnes Construction Co., 142 Cal.App.2d 618 , 298 P.2d 923, 927 .” Evergreen Heading Co. v. Skipper, 276 Ala. 623, 624 , 165 So.2d 705, 707 . [Emphasis supplied.]”

   1 later decision quote this exact passage
   e.g. Johnson v. Fishbein