Capps v. Capps’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Hayes court in deciding that a motion to modify a divorce is a civil suit, did so by examining whether the proceeding is one in which the relief sought is not that the original remedy by enforced as written, but that it be modified because of changed circumstances. Hayes, 252 S.W.2d 328 . The Hayes court placed particular importance upon the necessity of the movant alleging new facts, conditions and circumstances arising or coming into existence since the rendition of the original decree. Id. at 328. Such allegations were highly significant in the court’s decision that a motion to modify was a civil suit for purposes of a change of judge.” Capps, 715 S.W.2d at 552 .”

   1 later decision quote this exact passage
   e.g. State ex rel. Board of Regents of Southwest Missouri State University v. Bonacker

2. “Of necessity, as a jury waived trial progresses, a trial judge must consider and possibly formulate tentative opinions concerning such matters as the probative value of certain testimony, the credibility of certain witnesses, what law should govern particular issues inherent in the trial, and finally must decide who, if anyone, is entitled to prevail therein on the law and the facts. In so doing he is exercising his judicial trial function, and although while so doing he may commit legal error or be mistaken as to his conclusions of law or fact, he is not as a result to be successfully charged with prejudice....”

   1 later decision quote this exact passage
   e.g. Jetz Service Co. v. Chamberlain

3. “Upon motion by the petitioner, and after a hearing by the court, the full order of protection may be renewed for a period of time the court deems appropriate, except that the order protective order shall be valid for at least one hundred eighty days and not more than one year from the expiration date of the originally issued full order of protection ... Upon motion by petitioner, the second full order of protection may be renewed for an additional period of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year.”

   1 later decision quote this exact passage
   e.g. Cook v. Cook