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← 368 SO2D 14 - Linnard v. Shields

Linnard v. Shields’s Empirical Analysis

1979

Citation profile

2
cited by 2 later decisions
1
states following
July 1984
most recently cited

2 state decisions

Relationships

Relies on Wilson v. Payton · Johnson v. Howard · Watkins v. Yeatman · 360 So. 2d 316 - Fletcher v. DeLoach

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. “"The case was tried before a jury, which found that the instrument was valid and was the will of the testatrix. The contestant filed a motion for a new trial, and claimed that the jury's verdict was contrary to the evidence. The trial court denied the motion. Contestant appealed. "The testimony given at trial was in conflict as to the mental and physical condition of the testatrix during the time period surrounding the making of her will. There is a well-established doctrine in this state which has recently been reiterated by this Court in Fletcher v. DeLoach , 360 So.2d 316 ([Ala.] 1978), which states: "`In cases of this nature, the verdict of the jury cannot be overturned unless shown to be clearly wrong and unjust. Wilson v. Payton , 251 Ala. 411 , 414 , 37 So.2d 499 , 501 (1948); Watkins v. Yeatman , 189 Ala. 370 , 66 So. 707 (1914). The refusal of the trial judge to grant the appellant-proponent's motion for new trial strengthens this presumption in favor of the verdict. Johnson v. Howard , 279 Ala. 16 , 22 , 181 So.2d 85 , 91 (1965).'" 368 So.2d at 15 .”
    1 later decision quote this exact passage
  2. “`In cases of this nature, the verdict of the jury cannot be overturned unless shown to be clearly wrong and unjust. Wilson v. Payton , 251 Ala. 411 , 414 , 37 So.2d 499 , 501 (1948); Watkins v. Yeatman , 189 Ala. 370 , 66 So. 707 (1914). The refusal of the trial judge to grant the appellant-proponent's motion for new trial strengthens this presumption in favor of the verdict. Johnson v. Howard , 279 Ala. 16 , 22 , 181 So.2d 85 , 91 (1965).'”
    1 later decision 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.