Mayer v. Mayer’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The effect of the statute, Section 90.05, supra, was to modify the common law rule that all persons interested in the outcome of a suit were disqualified from testifying therein. The statute operated as a removal of this common law disability except in those cases wherein one of the parties of a transaction or communication was, at the time of the trial, dead, insane or a lunatic. The purpose of the statute was to prohibit an interested party from gaining an advantage over his adversary by being examined concerning transactions and communications which he had with a person who ‘at the time of such examination’ was dead, ‘insane or lunatic’. It is only just, fair and equitable in a case such as this wherein death has sealed the lips of one party, that the law should as effectively silence the voice of the other. However, the salutary provision of the statute may be waived by those to whom it affords protection — heirs at law are included in such group. In re Thompson’s Estate, 145 Fla. 42 , 199 So. 352 and cases cited therein. See also Doing v. Riley, 5 Cir., 176 F.2d 449 .””

   1 later decision quote this exact passage
   e.g. 124 So. 2d 756 - Disbro v. Boyce