Smith v. Sherwin’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. ““But there is nothing in the complaint in the present action to indicate that it is the liability thus created by positive statute that is sought to be enforced. The complaint in this instance does not state the facts which would make the respondent liable under section 10 of this statute, and we cannot regard the action as founded upon it. It is claimed, on behalf of the appellant, that the respondent was estopped from claiming the instruction given at her request, by her failure to object to the evidence tending to show a purchase for the family use, at the time it was offered. We think not. There was no issue to which it was applicable, as the pleadings stood, and no attempt was made by the appellant, so far as the record shows, to obtain leave to amend. It was still in the power of the court, upon a proper showing, to have allowed such an amendment. Civil Code, § 99. We think the' course taken by the lower court, with reference to instructing the jury, was entirely proper.””

   1 later decision quote this exact passage
   e.g. Walker Bros. Dry Goods Co. v. Woodhall