Mowrer v. State’s Empirical Analysis

Citation profile

2 federal appellate · 7 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. ““Tbe injunction did not by its terms, or of its own force, forbid tbe complainant to interfere with tbe possession of tbe mine pending tbe suit, and therefore be cannot be beld to answer in tbis proceeding. It does not follow, however, that a complainant, in such a case as tbe present, can with impunity do tbe acts which, at bis instance, tbe defendant has been restrained from doing. Where, as in tbis case, tbe evident purpose of tbe writ is to preserve tbe existing status of property in litigation until a final adjudicating can be bad, it is gross abuse of tbe process of tbe court for tbe complainant to disregard bis own injunction, after having by means thereof tied tbe bands of bis adversary, and no doubt tbe court has ample power to prevent or redress such abuse. In this case tbe court did redress it, by ordering tbe complainant to restore tbe property to defendant, and to abstain from any further interference with tbe possession thereof pending tbe suit. If defendant bad desired and asked a dissolution of tbe injunction, tbe court might have granted it, on tbe ground that complainant was no longer entitled to tbe exercise of tbe discretionary power of tbe court for bis protection.””

   1 later decision quote this exact passage
   e.g. Twenty-One Mining Co. v. Original Sixteen To One Mine, Inc.