83 Ill. App. 2d 289 - Powers v. Kelley’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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As is pointed out in the Historical and Practice Notes following Rule 19-10 in the Illinois Annotated Statutes, subsection (3) of the rule altered the prior rule, to now provide that the test of the deponent's status is applied at the time of trial. Here the court was advised by statement of counsel, and it was shown by the deposition itself, that the deponent resided in St. Louis, Missouri, on the date it was taken, October 29, 1965, almost six months before the trial. The presumption of continuation of residence is well known in the law — residence once established is presumed to continue until the contrary is shown. In re McCalmont, 16 Ill. App.2d 246 , 148 N.E.2d 23 ; People v. Estate of Robert Moir, 207 Ill. 180 , 69 N.E. 905 ; In re Estate of Dedmore, 257 Ill. App. 519 ; in each of these cases the court held that there is a presumption of continued residence, and the burden of proof to show a change of residence is upon the party asserting such change. The showing of residence of the deponent outside St. Clair County, and in fact outside the State, raised the presumption of continuance of residence in Missouri, and as a resident of Missouri the deponent was not amendable to subpoena. C 110, § 62, Ill. Rev. Stat., 1963."”

   2 later decisions quote this exact passage
   e.g. 19 Ill. App. 3d 1 - Karris v. Woodstock, Inc. · Silverberg v. Haji

2. “"In the present case, no such showing [of reasonable diligence] was necessary in view of the presumption of continued residence in Missouri, and deponent's not being amenable to summons. Had there been a showing that deponent had resided in St. Clair County in the present case, it would have become incumbent upon plaintiff to have made a showing, upon which the court could have based a finding; but with the presumption of continued residence in Missouri and appellants' failure to overcome the presumption, we cannot say that the court abused its discretion in admitting the deposition."”

   1 later decision quote this exact passage
   e.g. 19 Ill. App. 3d 1 - Karris v. Woodstock, Inc.