Temm v. Temm’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellants question the competency of Byrne to testify under Section 1887, R.S.1939, Mo.R.S.A. because Robert is dead. Such question was ruled in Signaigo v. Signaigo, Mo.Sup., 205 S.W. 23 , and Darnell v. Darnell, Mo.Sup., 174 S.W.2d 812 , contrary to appellants’ position. The latter case was reported and annotated in 149 A.L.R. 1125 , where the rule is announced that ‘the weight of authority holds that one entering into a contract for the benefit of a third person is not an incompetent witness (at least if he is not a real party in interest in the action) to testify in respect thereto in the beneficiary’s action against the estate, personal representatives, heirs or other persons claiming under or through the deceased party to the contract, either on the theory that such person has no self-interest in the event or outcome of the litigation, or on the theory that he is not “a person from, under, or through whom” the beneficiary (a party to the action) claims his title or interest in the action.’ ””

   1 later decision quote this exact passage
   e.g. Fisher v. Cox

2. “The enumeration in sections 18-51-106 to 18-51-108 does not limit or restrict the exercise of the general powers conferred in section 18-51-105, in any proceeding where declaratory relief is sought, in which a judgment or decree mil tenninate the controversy or remove an uncertainty.”

   1 later decision quote this exact passage
   e.g. Zab, Inc. v. Berenergy Corp.