Schaffer v. Smith’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"An Act to provide for liens in favor of hospitals and other charitable institutions furnishing care, treatment and maintenance of persons injured in accidents, not subject to the provisions of the Workmen's Compensation Act of North Dakota, for the reasonable value of the service so rendered upon the rights of action, claims or demands of such injured persons, or judgments recovered thereon, against other persons, or corporations, liable in tort for damages, on account of negligence causing the injuries, and upon the proceeds of the settlements of any such claims or demands, and upon and against the insurer of such tort feasor or tort feasors; and upon insurance held by the injured person, and providing for constructive notice upon such insurers, tort feasors and their insurers, if any, by a filing of a lien statement with the Clerk of the District Court of the county in which such services are rendered." 1935 S.L. Ch. 163. [Underscoring ours.]”

   2 later decisions quote this exact passage · from the majority
   e.g. Rolla Community Hospital, Inc. v. Dunseith Community Nursing Home, Inc. · Quality Builders, Inc. v. Hahn

2. “35-1201. N.D.R.C.1943. “Definitions. In this chapter, unless the context or subject matter otherwise requires: * * * * * * “4. Owner shall mean and include every person for whose immediate use and benefit any building, erection, or improvement is made, having the capacity to contract, including guardians of minors or other persons; and “5. Subcontractor shall include all persons furnishing things or doing work provided for by this chapter except such as have contracts therefor directly with the owner, proprietor, his agent, or trustee.” 35-1204. N.D.R.C.1943. “Itemized Account and Demand Conditions Precedent to Obtaining Lien for Materials. No person furnishing materials shall be entitled to a lien under this chapter unless he shall: ⅜ ‡ ⅜ ⅜ ⅜ ⅜⅞ “2. Make a written demand for payment of such account at least fifteen days prior to the filing of the lien; and “3. File with the clerk of the district court of the county in which the land, building, or improvement is situated a notice in writing signed by the person entitled to the mechanic’s lien or by his authorized agent stating : “a. The name of the person in possession of the land; “b. The description of the property to be charged with the lien; “c. The date of the contract; and “d. That a mechanic’s lien against the building, improvement, or premises will be perfected according to law unless the account shall have been paid.” 35-1205. N.D.R.C.1943. “Materials Furnished to Contractor or Subcontractor: Separate Accounts Requir”

   1 later decision quote this exact passage · from the majority
   e.g. Hessinger v. Sorenson

3. ““Any person who performs or furnishes any labor or furnishes any materials for the improvement or erection of any building or other structure upon lands, or in making any other improvements thereon, under a contract with the owner of the land or with his agent, contractor, or subcontractor, or with the consent of the owner, upon complying with the provisions of this chapter, shall be entitled to a lien upon such building or other structure and upon the land on which the improvements are situated, or to improve which said work was done or materials furnished, to secure the payment for such labor and materials.””

   1 later decision quote this exact passage · from the majority
   e.g. Quality Builders, Inc. v. Hahn