Williford v. Masten’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant has plead [sic] the defense of truth, and the Court instructs you that, if this defense has been established, it is a complete bar to the plaintiff’s action, even if the defendant made the statements with a malicious motive. The defendant has the burden of proving truth by a reasonable preponderance of the evidence as defined by the Court. To establish this defense, defendant must prove the truth of all important statements made in the alleged defamatory statements of which plaintiff complains; however, defendant is not required to prove the truth of trivial or insignificant statements. If the defendant failed to prove truth of the alleged defamatory statements, then this defense falls and you will proceed to determine the other issues in the case. On the other hand, if you find that the testimony established the truth of the alleged statements, such defense is an absolute defense. SPECIAL ISSUE NO. 3 Do you find from a preponderance of the evidence that the statements in Special Issue No. 1 were substantially true? Answer “Yes” or “No.” Answer: No If you have answered Special Issue No. 3 “Yes,” do not answer any more Special Issues. If you have answered Special Issue No. 3 “No,” then continue to answer the following Special Issues as instructed. SPECIAL ISSUE NO. 4 Do you find from a preponderance of the evidence that the statements in Special Issue No. 1 were false? Answer “Yes” or “No.” Answer: Yes ******”

   1 later decision quote this exact passage
   e.g. Tatum v. Liner

2. “In connection with this special issue, you are instructed that the term ‘sound mind’ means that C. P. Haupt, Sr., at the time of the execution of the will, must have had sufficient mental ability to understand the business in which he was engaged, the effect of his act in making the will, and the nature and extent of his property: He must have been able to know his next of kin, and the natural objects of his bounty and their claims upon him: and he must have had memory sufficient to collect in his mind the elements of the business about to be transacted, and to hold them long enough to perceive at least their obvious relation to each other, and to be able to form a reasonable judgment as to them.”

   1 later decision quote this exact passage
   e.g. James v. Haupt

3. “There has been consistent recognition and approval of the above definition of sound mind. See Welch v. Shoubrouek, 260 S.W.2d 84, 86 (Tex.Civ.App.—Beaumont 1953, no writ) on the authority of Morris v. Morris, 279 S.W. 806 (Tex. Comm’n App. 1926, jdgmt. adopted); Oliver v. Williams, 381 S.W.2d 703 (Tex.Civ.App.—Corpus Christi 1964, no writ); Lindley v. Lindley, 384 S.W.2d 676 (Tex.1964), and Reynolds v. Park, 485 S.W.2d 807 (Tex.Civ.App.—Amarillo 1972, writ ref’d n. r. e.). The proponents have the burden of proving all of those elements set out in the charge in order to establish that the testatrix was of sound mind at the time of her execution of the instrument in question.”

   1 later decision quote this exact passage
   e.g. James v. Haupt