Dismuke v. Miller’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““2. The judge who presides at the trial of a case, hears the testimony of the witnesses, observes their demeanor, and has a full knowledge of the proceedings had and done during the process of the trial, is in a better position to know whether or not substantial justice has been done than any other person. Where such judge sustains a motion for a new trial, it will require a clear showing of manifest error and an abuse of discretion before the appellate court will be justified in reversing such ruling of the trial court.””

   1 later decision quote this exact passage · from the majority
   e.g. Houston v. Pettigrew

2. ““This court will not reverse the ruling of the trial court in granting a new trial unless it can be seen that the trial court has manifestly erred with respect to some pure, simple, and unmixed question of law, or has acted arbitrarily or abused its discretion.””

   1 later decision quote this exact passage
   e.g. Wininger Ex Rel. Wininger v. Day

3. ““(1) The only other question is whether the instruction was prej udicial. The trial court concluded that it was prejudicial, and before we can reverse the ruling, we must say that the trial court acted arbitrarily or abused its discretion in this regard.””

   1 later decision quote this exact passage
   e.g. Houston v. Pettigrew