Muhlhauser v. Becker’s Empirical Analysis

Citation profile

1 district · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The county court has mx jurisdiction to determine the validity of or rights under a contract made for the benefit of a third person. The county court has the right to- say who are named in the will as heirs or legatees and what share the will provides. If a third party claims an assignment of said legacy or an assignment o-f an interest in the real estate, that matter is determined by another court. The county court has the right to say what share the widow or the children will get in the estate of an intestate under the laws of succession; but where one asserts a claim against the estate and it is disallowed by the county court, the rights thereunder are determined by another court. “The jurisdiction to determine whether a contract to adopt children was made, the extent and terms of such contract and whether it was executed by the one agreeing to- adopt, is in a court of equity.””

   1 later decision quote this exact passage
   e.g. Ceglowski v. Zachor

2. ““The doctrine of ‘law of the case’ is based upon the theory of res ad judicata and necessarily applies to the issue determined. Certainty and orderliness require some such doctrine. As said in Wittmayer et al. v. Security State Bank et al, 57 N.D. 934 , 224 N.W. 303 : ‘Questions fairly raised and decided on a former appeal in the same action are not open for consideration on a subsequent appeal; they become the law of the case, and are binding upon the parties in all subsequent stages of the litigation.’ In Jacobson v. Mutual Benefit Health & Acc. Ass’n, 70 N.D. 566, 570 , 296 N.W. 545, 549 , we say: ‘The decision on the former appeal became, and is, the law of the case and the questions then determined are not subject to review on this appeal.’ ””

   1 later decision quote this exact passage
   e.g. Newman Signs, Inc. v. Hjelle

3. “Where the construction of the will is necessary to distribute the estate to the parties entitled thereto, it is clear the county court would be required to construe the will; but its jurisdiction is limited to what is necessary to administer the estate. * * * In re Le Page's Trust, 67 N.D. 15 , 269 N.W. 53, at 55 .”

   1 later decision quote this exact passage
   e.g. Graves v. First National Bank in Grand Forks