7 Ariz. App. 239 - Aegerter v. Duncan’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The order from which the plaintiffs seek to cross appeal is one completely in their favor. They were granted a new trial. They could not enlarge their rights thereunder so as to require a cross appeal. Maricopa County v. Corporation Commission of Arizona, 79 Ariz. 307 , 289 P.2d 183 (1955). The fact the court may have stated the wrong reason for granting their motion is the sole complaint of the plaintiffs on appeal. That a court rules in favor of a party for wrong reasons does not give grounds for appeal. 4 C.J.S. Appeal & Error § 183, at 567; 4 Am.Jur.2d Appeal and Error § 185, at 695-96. Nor does the mere fact that an appeal has been filed by the aggrieved party give the prevailing party grounds to file a cross appeal. 4 C.J.S. Appeal & Error § 183, at 556. “When the defendants appealed from the order granting the new trial, the plaintiffs could, by means of cross-assignments of error, defend or support the order for any reason appearing in the record, regardless of the reason given by the trial court. Rogers v. Mountain States Telephone & Telegraph Co., 100 Ariz. 154, at 166 , 412 P.2d 272 (1966).” At page 243, 7 Ariz.App., 437 P.2d at 995.”

   1 later decision quote this exact passage
   e.g. 12 Ariz. App. 123 - Santanello v. Cooper