Ikner v. Miller’s Empirical Analysis
1985
Citation profile
8 state decisions
How this case has been cited
Cited by 10 later decisions — most recently September 2011
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Mahone v. Birmingham Electric Co. · Bailey v. Tennessee Coal, Iron and Railroad Company · 456 So. 2d 1079 - Seier v. Peek · 354 So. 2d 40 - Austin v. State · 456 So. 2d 1072 - Johnson v. Jagermoore-Estes Properties
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`[A] properly authenticated business record is admissible in evidence when a foundation, as outlined in the Code, is laid by the proponent of the evidence. Section 12-21-43 requires that it be shown (1) that the record or writing was made as a memorandum or record of an act, transaction, occurrence, or event; (2) that the record was made in the regular course of business; and (3) that it was the regular course of business to make such a memorandum or record at the time of such act, transaction, occurrence, or event, or within a reasonable time thereafter. See also C. Gamble, McElroy's Alabama Evidence , § 254.01(3) (3d ed. 1977).'"”
4 later decisions quote this exact passage““There are two possible conclusions which could be drawn from the evidence presented in this case.... It is impossible to know with absolute certainty whose version of the facts was closer to the truth. There is a presumption underlying our system of jurisprudence, however, that the trier of fact is in a better position to judge the credibility of witnesses and to ferret out the truth than is an appellate court. Therefore, when cases are presented ore tenus, the court’s findings are entitled to a presumption of correctness and will not be disturbed on appeal unless plainly wrong or manifestly unjust. Seier v. Peek, 456 So.2d 1079, 1081 (Ala.1984); Johnson v. Jagermoore-Estes Properties, 456 So.2d 1072, 1075 (Ala.1984). We are not in a position to weigh the evidence, which is, in effect, what the defendant wishes for us to do. Since there was credible evidence to support the trial court’s findings, we must presume them to be correct.””
1 later decision quote this exact passagee.g. Green v. Hemmert
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.