Naab v. Smith’s Empirical Analysis

Citation profile

53 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Our statute * * * does not state what are the judicial decisions to which reference is made. However, it is, and has been, the constant practice of courts in common law jurisdictions to freely cite cases from other common-law courts, and we take it that the legislature had in mind the judicial decisions of all the various jurisdictions. The cases may differ; one court may take one view, another another. Hence we cannot consider these various decisions as the law in this state, but as interpretations of the common law, and we are at liberty to adopt that interpretation which seems to be the best.””

   3 later decisions quote this exact passage
   e.g. Haines v. Galles · Simpson v. Kistler Investment Co.

2. ““Every state has plenary jurisdiction and control of the property, real and personal, within its borders. This includes the devolution and the administration of the property of a deceased person. Warton, supra, § 605; Woerner, American Law of Administration, 3d Ed., 166; In re Holden’s Estate, supra. This is subject to constitutional provisions which may at times arise, such as that of due process. ... A foreign representative of the estate of a deceased has no right to interfere with any such property, either by suit in this state or otherwise, except only as may be permitted by the state of the forum by statute or by the recognition of the rule of comity under the principles of conflict of laws. Warton, supra, 604; Woerner, supra, § 160; 21 Am. Jur. 855 ; 24 C.J. 1119-1121. If a debtor is located here, it is proper for the state to protect him, so that a payment once made by him will completely absolve him. If there are local creditors, the state should enable them to collect their debt out of property, real and personal, situate in this state. Wharton, supra, sections 606-607. It is sometimes stated that the domiciliary representative of a deceased is vested with the title to all personal property wherever situate.””

   2 later decisions quote this exact passage
   e.g. Matter of Estate of Miller · Gibbs v. Hubbard

3. “* * * The statutes of this state (Rev.St.1931, § 88-207) provide that a will “must be proved and letters testamentary or of administration granted * * * in the county in which any part of the estate may be, the decedent having died out of the state, and not resident thereof at the time of his death,” etc. Two cases in this state have referred to this provision: Bliler v. Boswell, 9 Wyo. 57 , 59 P. 798 , 61 P. 867 ; Rice v. Tilton, 14 Wyo. 101 , 82 P. 577 . But the point, here raised was not before the court. It. is held by the great weight of authority under like or similar statutory provision that a will may be admitted to probate-in a state other than that of the domiciL of the deceased, though it has never been admitted in the latter state; and that the-admission to probate in the state of the-domicil is not a condition precedent to the-admission in another state where the deceased leaves real or personal property.. * * *”

   2 later decisions quote this exact passage
   e.g. In Re Howard's Estate · Parker v. Lewis