Davis v. Davis’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The ambiguity lies, of course, in the meaning of — a verdict of the court sitting without a jury. Since a “verdict” of the court is unknown in judicial proceedings in Tennessee, it would appear that the legislature must have intended that in non-jury cases, interest would begin to accrue upon the occurrence of the event which is the practical equivalent of a jury verdict. In a jury case, the verdict constitutes the findings of fact and the application of the law thereto. State ex rel Myers v. Brown, 209 Tenn. 141 , 351 S.W.2d 385, 388 (1961). It is the basis for the judgment, and the judgment must be in accordance with the verdict. Sam B. Gilreath, Caruthers’ History of a Lawsuit, § 385 (7th ed. 1951); see e.g. George v. Belk, 101 Tenn. 625 , 49 S.W. 748, 749 (1899). Judgment is rendered on the verdict without the necessity of any further formality. Tenn.Code Ann. § 18-4-103(3) (1994); Leek v. State, 216 Tenn. 337 , 392 S.W.2d 456, 457-58 (1965). Obviously, a judgment is not the legal or practical equivalent of a jury verdict.”

   1 later decision quote this exact passage
   e.g. Varnadoe v. McGhee

2. “47-14-122. Interest on judgments— Computation. Interest shall be computed on every judgment from the day on which the jury or the court, sitting without a jury, returned the verdict without regard to a motion for a new trial.”

   1 later decision quote this exact passage
   e.g. Varnadoe v. McGhee