Meier v. Thieman’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 41 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““II. There is but one other question presented by the record worthy of examination and that is the competency of Adolphus Meier as a witness in the cause. Section 4010, after removing common-law restrictions prohibiting witnesses from testifying, contains this proviso: 'Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead, . . . the other party shall not be permitted to testify in his own favor.’ What is meant in this clause by the words ‘the other party?’ I think it is very clear that they refer, and can only refer, to the other party to the original' contract or cause of action. This is certainly required by the grammatical construction of the sentence, and certainly such a construction would be most natural and obvious. This view of the proviso has been twice taken by this court. Thus in Ring v. Jamison, 66 Mo. 424 , Henry, J.,-speaking for the court, said: ‘In Angell v. Hester, 64 Mo. 142 , this court said: “We take the true distinction to be, that where one of the original parties to the contract or cause of action in issue and on trial is dead, the other party to such contract or cause of action will not be permitted to testify to any fact which he would not have been permitted to testify to at common law; that where one of the parties is dead, the other party stands, in regard to testifying, precisely as if the statute allowing persons to testify (parties was intended) had not been enacted.” The st”

   1 later decision quote this exact passage
   e.g. Lieber v. Lieber

2. ““ \'-o person shall be disqualified as a witness in any civil suit * * * by reason of his interest in the event of the same, as a party or otherwise: * * * provided that, in actions where one of the original parties to the contract or cause of action in issue and on trial is dead or * * * insane, the other party to such contract or cause of action shall not be admitted to testify * * in his own favor; * * * and, where an executor or administrator is a party, the other party shall not be admitted to testify in his own favor, unless the .contract in issue was originally made with a person who is living and competent to testify,” etc.”

   1 later decision quote this exact passage
   e.g. Stephens v. Bernays