395 So. 2d 47 - Nigg v. Smith’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Nigg, 81 at the time of her petition, is a widow and lives alone. It is undisputed that her vision and hearing are impaired. "Nigg's sisters, Leila Moore and Sadie Young, originally petitioned the probate court of Cullman County to declare her non compos mentis and commit her property to the custody of a guardian. A writ to take custody of Nigg for this lunacy inquisition was returned with the county sheriff's statement: `It not being consistent with the health and safety of the said Onva W. Nigg . . . I have not taken her into custody and do not have her present at the place of trial.' A six man jury found her to be of unsound mind, and the probate court subsequently issued a decree to that effect. The court also appointed Thomas A. Smith, the attorney for Nigg's sisters, as guardian of Nigg's estate. According to Nigg's testimony, the only notice to her of this inquisition occurred when Smith appeared at her home to inform her of the decree. "Later obtaining her own legal counsel, Nigg filed a petition for revocation of the non compos mentis decree pursuant to Code 1975, § 26-2-51 . The petition named her two sisters and the court appointed guardian as respondents. This proceeding was tried in the same probate court before a six man jury. Evidence was introduced by both sides to the issue of Nigg's mental state. Nigg was present at this proceeding. The jury returned a verdict upholding the original decree of non compos mentis from which Nigg appeals."”

   1 later decision quote this exact passage
   e.g. 415 So. 2d 1082 - Nigg v. Smith