Brown v. Cobb’s Empirical Analysis

Citation profile

2 district · 78 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We make no attempt to define “undue influence”. Neither is it susceptible of any fixed formula. Whether undue influence is present is always a question to be determined from the circumstances of the particular case, and any attempt to define it may well suggest a clear path of evasion. But, undue influence in the sense as used means influence, improperly exerted, which acts to the injury of the person swayed by it or to the injury of those persons whom she would have benefitted. It is immaterial whether such influence is exercised directly or indirectly.”

   2 later decisions quote this exact passage
   e.g. Matter of Ferrill · Matter of Estate of Gersbach

2. ““From the New Mexico cases discussed, we believe the rule in this jurisdiction to be that the testimony of a witness, whether interested or disinterested, cannot arbitrarily be disregarded by the trier of the facts; but it cannot be said that the trier of facts has acted arbitrarily in disregarding such testimony, although not directly contradicted, whenever any of the following matters appear from the record: “(a) That the witness is impeached by direct evidence of his lack of veracity or of his bad moral character, or by some other legal method of impeachment. “(b) That the testimony is equivocal or contains inherent improbabilities. “(c) That there are suspicious circumstances surrounding the transaction testified to. “(d) That legitimate inferences maybe drawn from the facts and circumstances of the case that contradict or cast reasonable doubt upon the truth or accuracy of the oral testimony.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Frederick v. Younger Van Lines

3. ““Appellant requested the trial court to make separate findings of fact which were refused. These requests are themselves a challenge to sufficiency of the evidence to sustain the material findings made.- Consequently, the facts thus found are the facts to be reviewed, and if supported by substantial evidence the findings must be sustained. * * * ””

   1 later decision quote this exact passage
   e.g. Porter v. Butte Farmers Mutual Insurance Company