41 N.C. App. 117 - McAulliffe v. Wilson’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The findings of fact by a trial court in a non-jury trial have the force and effect of a verdict by a jury and are conclusive on appeal if supported by competent evidence.... Henderson County v. Osteen, 38 N.C.App. 199 , 247 S.E.2d 636 (1978), [ judgment affirmed, 297 N.C. 113 , 254 S.E.2d 160 (1979) ]. [T]he trial court, having had the fullest opportunity to hear the testimony and observe the demeanor of the parties, to weigh any competent evidence either party cared to place before the court and arrive at appropriate conclusions [regarding the issues], ... should be accorded deference unless his findings and conclusions are manifestly unsupported by the record.”

   1 later decision quote this exact passage
   e.g. 145 N.C. App. 584 - Fennell v. North Carolina Department of Crime Control & Public Safety

2. “When there are competing inferences arising from testimony of witnesses in a case, it is for the trier of fact to decide between them. The findings of fact by a trial court in a non-jury trial have the force and effect of a verdict by a jury and are conclusive on appeal if supported by competent evidence, even though the evidence might sustain findings to the contrary .... The trial court, having had the fullest opportunity to hear the testimony and observe the demeanor of the parties . . . should be accorded deference unless his findings and conclusions are manifestly unsupported by the record.”

   1 later decision quote this exact passage
   e.g. 103 N.C. App. 697 - Powers v. Powers