Jaffe v. Lilienthal’s Empirical Analysis

Citation profile

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

1. ““It seldom happens that a trial can be properly had in the absence of the plaintiff, even where he is disqualified as-a witness, especially where it is to be tried upon oral testimony. With all the care that can reasonably be taken by both attorney and client, some matter of vital importance is liable-to be overlooked by them until the trial calls it to the recollection of the plaintiff, and this is especially true in relation to-matters purely in rebuttal. It is the right of parties to be present at the trial of their cases. This right may be waived, and should be held to be waived, where the absence of the- party is voluntary, and under circumstances wbicb ought not to induce a. reasonable man having a due regard for the rights and interests of others ' and of the public, all of whom are interested in the due and prompt administration of justice to absent himself. So far as the want of preparation on the part of the attorney is concerned, the most laborious and painstaking-preparation on his part would not have prevented the sickness and absence of his client; nor does it appear that, if the plaintiff had not been sick, the necessary preparation could not have been made after the cause was set for trial.””

   1 later decision quote this exact passage
   e.g. McMahan v. Norick