Tharp v. Massengill’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We have no statute governing the time and manner of raising objection, and waiver ordinarily will be presumed unless and until objection is made. Good faith as between the litigants and a proper regard for sound administration require that the right to object should not be made a means of gambling on the result. If it could be shown that a party ‘lay behind a log,’ he will be held to have waived the disqualification of the judge, and to have consented to his presiding in the cause.””

   1 later decision quote this exact passage
   e.g. Flores v. State

2. ““No judge of any court nor justice of the peace shall, except by consent of all parties, sit in the trial of any cause in which either of the parties shall be related to him by affinity or consanguinity within the degree of first cousin, or in which he was counsel, or in the trial of which he presided in any inferior court, or in which he has an interest.””

   1 later decision quote this exact passage
   e.g. Midwest Royalties, Inc. v. Simmons

3. ““ * * * if a litigant chooses to avail himself of his constitutional right, then our procedure requires that some motion, objection, or other appropriate remedy be invoked calling the grounds of disqualification to the court’s attention and demanding a ruling thereon.””

   1 later decision quote this exact passage
   e.g. Midwest Royalties, Inc. v. Simmons