Norris v. Jackson’s Empirical Analysis

Citation profile

161 federal appellate · 2 district · 15 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 258 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A special finding is not a mere report of the evidence, but a statement of the ultimate facts on which the law of the case must determine the rights of the parties; a finding of the propositions of fact which the evidence establishes, and not the evidence on which those ultimate facts are supposed, to rest. * * * Whether the finding be general or special, it shall have-the same effect as the verdict of a jury; that is to say, it is conclusive as to the facts so found. * * * In the case of a special verdict [finding] the question is presented as it would be if tried by a jury, whether the facts thus found require a judgment for plaintiff or .defendant.””

   11 later decisions quote this exact passage · from the majority
   e.g. Walnut v. Wade · Rhodes v. United States Nat. Bank

2. ““See. (549. Issues of fact in civil eases in any circuit court may be tried and determined by the court, without the intervention of a jury, whenever the parties, or their attorneys oí' record, die with the clerk a stipulation in. writing waiving a jury. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury. “Sec. 700. When an issue of fact in any civil cause in a circuit court is tried and determined by the court without the intervention of a jury, according to section six hundred and forty-nine, the rulings of the court in the progress of ihe trial of the cause, if excepted to at the time, and duly presented by a hill of exceptions, may be reviewed by the Supreme Court upon a writ of error or upon appeal; and when the finding is special the review may extend to the determination of the sufficiency of the facts found to support the judgment.” (U. S. Comp. St. 1901, pp. 525, 570).”

   5 later decisions quote this exact passage
   e.g. Walnut v. Wade · Rhodes v. United States Nat. Bank

3. ““As to what is necessary in special findings or in an agreed statement of facts, the authorities are decisive. It is held that upon a trial by the court, if special findings are made, they must be not a mere report of the evidence, but a finding of those ultimate facts on which the law must determine the rights of the parties.””

   2 later decisions quote this exact passage
   e.g. W. L. Perkins & Co. v. Von Raumbach · Tricou v. Helvering