McKee v. Buck’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It seems to us that when that portion of section 7309 [now Section 1-01-49, N.D.C.C.] with which we are here concerned was enacted, its purpose was to safeguard signatures by mark. It made a signature by mark thus witnessed pri-ma facie of the same worth as a signature by writing. But it did not exclude other proof of a signature by mark alone. So, where a will or other writing is offered and the signature thereto is by mark, witnessed as provided in the statute, no further proof is required that the mark is the maker’s signature unless that fact is challenged. And where he who writes the name of the maker to identify his mark fails to write his own name as a witness, the effect of his failure is not to destroy the signature thus made by mark but to place in the first instance the burden of proving that the mark was, in fact, made as the maker’s signature, upon the proponent of the writing so subscribed.””

   1 later decision quote this exact passage
   e.g. Runge v. Moore

2. ““ ‘Signature’ or ‘subscription’ shall include ‘mark’ when the person cannot write, his name being written near it and written by a person who writes his own name as a witnes”

   1 later decision quote this exact passage
   e.g. Runge v. Moore