Ex Parte Abbott’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A party to a suit is a competent witness for himself, and may be called as a witness by bis - adversary, and stands precisely, as another .witness in relation' to tbat.iSuit, with the same rights and duties, neither more nor less. That the petitioner resided in Oklahoma county, was in good health, contemplated no prolonged absence from the county, bt expected to be present at the trial of the cause, is not made an exception to the right of a party to a suit to have his deposition taken. (Ex parte Priest, 76 Mo. 229 .) The provisions of section 358 of the Code, providing that tne deposition of a witness may be used on the trial of the cause only in the cases where the witness does hot reside in the county where the action or proceeding is pending, or is absent therefrom or by reason of ’age, infirmity, or imprisonment is unable to attend court, or is dead, do not affect tha question of the right to take the deposition, but only affect the right to use the Same upon the trial of the eause. The provisions of the Code of Civil Procedure are'ample to give authority for the taking of the petitioner’s deposition, to require him to attend before the court or officer to be sworn and to testify, and, on his failure or refusal so to do, to commit him for contempt until he shall show a willingness to comply with the order of the court or officer; provided, of. course, that the committing officer is one authorized to take depositions.””

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