John Stein v. William Bowman’s Empirical Analysis

Citation profile

66 federal appellate · 16 district · 48 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 162 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is, However, admitted, in all the cases, tHat tHe wife is not a competent” witness, “except in cases of violence upon Her person, directly to criminate Her Husband, or to disclose tHat wHicH sbe Had learned from Him in tHeir confidential intercourse.” “This rule,” says the court, “is founded upon the deepest and soundest principles of our nature—principles which Have grown out of those domestic relations that constitute the basis of’civil society, and which are essential to the enjoyment of that confidence which should subsist between those who are connected by the nearest and dearest relations of life.””

   6 later decisions quote this exact passage · from the majority
   e.g. Bassett v. United States · Hodgson v. Minnesota

2. ““From necessity, in cases of pedigree, hearsay evidence is admissible. But this rule is limited to the members of the family, who may be supposed to have known the relationships which existed in its different branches. The declarations of these individuals, they being dead, may be given in evidence to prove pedigree; and so is reputation, which is the hearsay of those who may be supposed to have known the fact, handed down from one to another, evidence. As evidence of this description must vary by the circumstances of each case, it is difficult if not, impracticable, to deduce from the books any precise and definite rule on the subject. “ ‘It is not every statement or tradition in the family that can be admitted in evidence.’ The tradition must be from persons having such a connection with the party to whom it relates, that it is natural and likely, from their domestic habits and connections, that they are speaking the truth, and that they could not be mistaken. ( 1 Phillips, 174 ; [Douglass’ Lessee v. Sanderson] 2 Dall. 116 .) “The declarations proposed to be proved by the witness, do not appear to have been made by members of the family, or by persons who had such connections with the deceased as to have a personal knowledge of the facts stated.” See also Am.Jur. Vol. 20, § 468, page 409 et seq., and 15 A.L.R. 2d 1412 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Young Ah Chor v. Dulles · Ashe v. . Pettiford

3. ““It is not every statement or tradition in a family that can be admitted as evidence; the tradition must be from persons having such a connection with the party to whom it relates that it is natural and likely, from their domestic habits and connections, that they are speaking the truth, and that they could not be mistaken.””

   1 later decision quote this exact passage · from the majority
   e.g. Osborne v. McDonald