McPherson v. Black’s Empirical Analysis
1961
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently September 1985
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Wagner v. Foster · Commercial Credit Corp. v. Smith · Cowling v. Colligan · Lane v. Fair Stores, Inc. · Lane v. Fair Stores, Inc.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the absence of a motion for new trial and a statement of facts, the only point presented which is properly pre served for review which we are authorized to consider under the record, is that which asserts the verdict does not support the judgment. Rules 324, 307; and see Cowling v. Colligan, 158 Tex. 458 , 312 S.W.2d 943, 948 ; Wagner v. Foster, 161 Tex. 333 , 341 S.W.2d 887 ; Miller v. Miller, Tex.Civ.App., 274 S.W.2d 762, 764 , writ refused; 3 Tex.Jur.2d Secs. 452-463, pp. 702-714 . . . Rule 307 must be here construed in connection with Rule 279. In the absence of a statement of facts, and absent objection or request, we think it is to be here presumed that independent grounds of recovery on which no issue was submitted or requested were conclusively established under the evidence; and that the evidence did not make such grounds issuable. See Willeke v. Bailey, 144 Tex. 157 , 189 S.W.2d 477, 480 . Such grounds, presumed to be conclusively established, are not waived, under Rule 279, as appellant contends. That rule effects waiver only of such independent grounds of recovery as are ‘not conclusively established under the evidence,’ and we are required to presume under our record that they were so established. In the absence of a statement of facts, ‘every presumption must be indulged in favor of the * * * judgment’, including existence of ‘such facts as are necessary to support the judgment’. Commercial Credit Corp. v. Smith, 143 Tex. 612 , 187 S.W.2d 363, 365 ; Lane v. ”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.