Scott v. Hillenberg’s Empirical Analysis

Citation profile

11 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 record shows, and it is not questioned, that she was born, May 15th, 1865, of Elizabeth Hillenberg, then lawful wife of Austin Hillenberg. The presumption of law is that she was legitimate. [citations omitted.] The presumption of legitimacy is not rebutted by proof of circumstances, which only create doubt and suspicion. ‘To repel the presumption of legitimacy in any case, the evidence must be clear and positive. . . . Throughout the investigation the presumption in favor of legitimacy is to have its weight and influence, and the evidence against it ought to be strong, distinct, satisfactory and conclusive.’.. . ‘Non-access of the husband to the wife must be proved beyond all reasonable doubt.’. . . ‘The duty of the jury is to weigh the evidence against the presumption (of legitimacy) and to decide according to the preponderance.’”

   1 later decision quote this exact passage · from the majority
   e.g. Cassady v. Martin