Wolf & Bailey v. Phillips’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. ““(1) First. It is the duty of the circuit court, where the above statute is not complied with, ‘to dismiss said action at the cost of the plaintiff.’ Kirby’s Digest, § 2760. This statute contemplates that the court shall dismiss the action where the affidavit is insufficient, without submitting the issue raised by the pleadings in the case to the jury. It is a matter that must be disposed of in limine. It is erroneous procedure to have the cause submitted on the merits to the jurv and then direct the jury to return a verdict in favor of the defendant in the action because the plaintiff has failed to file a sufficient affidavit. The judgment of the court based on the jury’s verdict was not one dismissing the action, but was tantamount to a judgment in favor of the defendant on the merits.””

   1 later decision quote this exact passage
   e.g. Brown v. Frazier