Davis v. Ballard’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Ballard argues that he never agreed or consented to the case proceeding to trial without a jury, and that he did not waive his right to have his case heard and decided by a jury. Although the waiver of a jury demand requires the consent of all parties, that waiver may be either express or implied. Russell v. Hackett, 190 Tenn. 381 , 230 S.W.2d 191, 192 (1950). In Russell , the Tennessee Supreme Court held that a co-defendant who did not appear at trial waived his right to a jury trial by implication. Id. The Supreme Court said, “Taylor (the co-defendant) having been properly brought before the trial court by service of process, did not appear and defend the suit. Therefore, his consent to the waiving of the jury was implied.” Id. In that case, the plaintiff originally demanded a jury but waived that demand after the co-defendant failed to appear. The trial was conducted in his absence, and the judgment for unliquidated damages awarded by the trial court sitting without a jury was upheld. Id. The law in 1950 required that both parties consent before demand for jury could be waived. The Supreme Court held that the failure to appear is an implied consent to the waiver of jury trial. Id. Our present law requiring all parties to consent to waiver of a previous jury demand, Tenn.R.Civ.P. 38.05, is the same that existed when the Supreme Court decided Russell . Therefore, we must follow the Supreme Court’s ruling in Russell . In the instant case, Ballard did not appear at trial, “[tj”

   1 later decision quote this exact passage
   e.g. Beal v. Sloan