Clonts v. Johnson’s Empirical Analysis

Citation profile

125 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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is a substantial difference between an assignment of error and a proposition submitted thereunder. The one complains of some action of the court, and the other merely sets forth the reasons why such action is erroneous. It takes the assignment to reach the ruling,-and it is the ruling that is to be reviewed by the appellate court.””

   2 later decisions quote this exact passage · from the majority
   e.g. Albritton v. Commerce Farm Credit Co. · Gavin v. Webb

2. “are not ordinarily shown in the appeal to the Court of Civil Appeals, and can only appear by agreement, or testimony in the record, or be evidenced by a proper bill of exceptions.”

   2 later decisions quote this exact passage · from the majority
   e.g. Hart v. Wilson · Brinegar v. Henderson Hardware Co.

3. “Under our statutes the pleadings in the justice court in civil cases are oral, but it is nevertheless true that such pleadings determine the amount in controversy precisely the same as do written pleadings, for whether the pleadings are written or oral they are essential to a recovery and they necessarily determine the extent of the possible recovery. There can be no recovery in the absence of pleadings.”

   1 later decision quote this exact passage · from the majority
   e.g. Brinegar v. Henderson Hardware Co.