Thompson v. Smith’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Where evidence in case of equitable cognizance is conflicting, trial court's finding thereon will not be disturbed on appeal unless clearly against the weight thereof... . The determination of the credibility of witnesses and the effect and weight to be given to conflicting or inconsistent testimony are matters peculiarly within the province of the trier of fact."”

   2 later decisions quote this exact passage
   e.g. Stillwater Indus. Found., Inc. v. STATE EX REL. BD. OF REGENTS · Stillwater Industrial Foundation, Inc. v. State ex rel. Board of Regents

2. “"It is a long established rule of law in an equitable action that there is a presumption in favor of the findings of the trial court, and where such findings of the trial court are not clearly against the weight of the evidence, the judgment will be affirmed."”

   2 later decisions quote this exact passage
   e.g. Stillwater Indus. Found., Inc. v. STATE EX REL. BD. OF REGENTS · Stillwater Industrial Foundation, Inc. v. State ex rel. Board of Regents

3. “a prior recorded mortgage takes precedence over a materialmen's lien accruing after the recording of such mortgage, even to the extent of attaching to the improvements placed upon the mortgaged premises afterwards by the materialman.”

   1 later decision quote this exact passage
   e.g. CIT BANK, N.A. v. HEIRS OF MCGEE