Cooley v. Merrell’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We must address the question of what to do when the opposing side does not properly and timely file a brief. When “it is not apparent to us from the record, in the light of the appellant’s brief, that the judgment is in fact correct,” we have several options regarding what course of action to pursue. W.T. Raleigh Co. v. Armstrong, 165 Miss. 380 , 140 So. 527 (1932). Raleigh further states that appellate courts have the discretion, on default of the appellee, to either (1) reverse based on both a complicated or voluminous record and a well-written brief, thoroughly stating the facts and correct citations and applications of law, “so that the brief makes out an apparent case of error.” Id. at 527 . This Court is not required to scour the record in order to find a plausible argument for the appellee, “but will accept appellant’s brief as confessed and will reverse.” Id. Or the court may (2) affirm if the record easily avails itself to examination, and upon examination we readily detect a convincing and valid basis or ground upon which we may safely affirm, thus disregarding the default of appellee. Id. at 528 . However, the case will be reversed and remanded when this Court is presented with only one side of the argument to review, an insufficient record and a judgment that has not clear support from the record.”

   1 later decision quote this exact passage
   e.g. In the Interest of J.D.W.

2. “This Court will always review a chancellor's findings of fact, but the Court will not disturb the factual findings of a chancellor when supported by substantial evidence unless the Court can say with reasonable certainty that the chancellor abused his discretion, was manifestly wrong, clearly erroneous or applied an erroneous legal standard.”

   1 later decision quote this exact passage
   e.g. 835 So. 2d 88 - United Plumbing & Heating Co. v. Mosley

3. “[A] finding of fact is clearly erroneous when: although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.”

   1 later decision quote this exact passage
   e.g. 835 So. 2d 88 - United Plumbing & Heating Co. v. Mosley