Gregory v. Diggs’s Empirical Analysis

Citation profile

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

1. ““If plaintiffs are entitled to this remedy, it is solely upon the ground that under the peculiar circumstances of the case the jurisdiction of the justice court is too limited to afford them relief. They cannot be required to remit a portion of their demand to enable them to put in a counterclaim of which the justice has jurisdiction, and a judgment entered in the justice court by default or consent would probably be a bar to the suit for damages in the superior court. “But, whether this would be the case or not, the entire issue is one which the practice here authorizes the parties to have determined upon one trial, and evidently that cannot be done in the justice’s court. “This is a well-known ground of equitable jurisdiction. It is not a case in which a party being entitled to some remedy, which only a court of equity can give, and which having obtained jurisdiction for one purpose will proceed to adjudicate upon the whole controversy; nor is it a case where a court of equity will interfere to prevent a multiplicity of suits. The demand of the plaintiffs and that of the defendants only involve legal issues; but the defendant Diggs has brought his action in a court which has complete jurisdiction of his case, but has not jurisdiction sufficiently broad to enable it to entertain a counterclaim of the other party—a counterclaim which grows out of the very transaction upon which Diggs’ claim is founded—and neither can get relief without having the claim made by the adverse par”

   1 later decision quote this exact passage
   e.g. 105 Cal. App. 754 - Engleman v. Superior Court