Fink v. Powsner’s Empirical Analysis

Citation profile

36 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The issues in this cause were raised by the appellee's complaint and appellants' answer. The general denial in appellants' answer put in issue every fact upon which the appellee sought to recover. The fallacy of this answer was demonstrated by the subsequent sworn admissions which virtually admitted all of the material allegations of the complaint. General denials are not favored under our present rules of pleading and should only be used when the defendants, in good faith, intend to controvert each and every averment in the complaint, including the basis of the court's jurisdiction. See Rule 1.8 (c), Florida Rules of Civil Procedure [30 F.S.A.]. This procedure was criticized in United States v. Long, D.C., 10 F.R.D. 443, 444 , in passing on a similar federal rule, wherein the court stated: "`It cannot be said that Rule 8(b) [28 U.S.C.A.] forbids, in all circumstances, the employment of a general denial in the making of an answer. Quite the contrary, the rule expressly permits such a denial, but it also prescribes the sole condition under which it may be tendered. That condition is present when, but only when, the pleader intends in good faith to controvert "all the averments of the preceding pleading". In this court a defendant has no right categorically to deny an allegation which he knows or believes to be true, solely to the end that he may compel his adversary to bear the burden and cost of its proof.' "The appellant's sworn admissions, coupled with the work sheet attac”

   2 later decisions quote this exact passage
   e.g. Lewis v. Tyner · 143 So. 2d 64 - Mark Leach Health Furniture Co. v. Thal

2. “The issues in this cause were raised by the appellee's complaint and appellants' answer. The general denial in appellants' answer put in issue every fact upon which the appellee sought to recover. The fallacy of this answer was demonstrated by the subsequent sworn admissions which virtually admitted all of the material allegations of the complaint. General denials are not favored under our present rules of pleading and should only be used when the defendants, in good faith, intend to controvert each and every averment in the complaint, including the basis of the court's jurisdiction. See Rule 1.8 (c), Florida Rules of Civil Procedure [30 F.S.A.]. This procedure was criticized in United States v. Long, D.C., 10 F.R.D. 443, 444 , in passing on a similar federal rule, wherein the court stated: "`It cannot be said that Rule 8(b) [28 U.S.C.A.] forbids, in all circumstances, the employment of a general denial in the making of an answer. Quite the contrary, the rule expressly permits such a denial, but it also prescribes the sole condition under which it may be tendered. That condition is present when, but only when, the pleader intends in good faith to controvert "all the averments of the preceding pleading”

   1 later decision quote this exact passage
   e.g. 143 So. 2d 64 - Mark Leach Health Furniture Co. v. Thal