Davis v. Davis’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * in determining whether or not a will contest should be submitted to the jury, every favorable influence [inference] fairly deducible, and every favorable presumption fairly arising from the evidence produced, must be considered as facts proved in favor of contestants. Where evidence is fairly susceptible of two constructions, or if either of several inferences may reasonably be made, the court must take the view most favorable to the contestants. All the evidence in favor of the contestants must for such purpose be taken as true, and if contradictory evidence has been given, it must be disregarded. “If there is any substantial evidence tending to prove in favor of contestants, all. the facts necessary to make out their case, they are entitled to have the case go to the jury for a verdict on the merits.””

   1 later decision quote this exact passage · from the majority
   e.g. Huber v. Boyle

2. ““Under this state of facts the jury was justified in finding that there was no rational basis for the declarations of Davis that John was not his own child, and that these declarations were the result of an insane delusion. Indeed, there does not appear to have been any circumstances or occurrences as between the testator and his son John that to a rational mind would in any sense serve as a reason for disinheritance.””

   1 later decision quote this exact passage · from the majority
   e.g. Robertson v. Robertson