Stamper v. Venable’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If parties in court were permitted to assume inconsistent positions in the trail of their causes, the usefulness of courts of justice would in most cases be paralyzed. The coercive powers of the law, avail-ablé only between those who consented to its exercise,- could be set at naught by all. But the rights of all men are in the keeping of the courts, and consistency of proceeding is therefore required of all those who come in or are brought before them. It may accordingly be laid down as a broad proposition that one, without mistake induced by the opposite party, who has taken a particular position deliberately, in the course of litigation, must act consistently with it. One cannot play fast and loose.” Fidelity-Phenix Fire Insurance Company of New York v. Jackson, 181 Tenn. 453 , 181 S. W. (2d) 625 ; Nashville Gas & Heating Company v. Phillips, 17 Tenn. App. 648 , 69 S. W. (2d) 914 ; Clement v. Nichols, 186 Tenn. 235 , 209 S. W. (2d) 23 .”

   1 later decision quote this exact passage · from the majority
   e.g. 50 Tenn. App. 674 - Turner v. Zager

2. “Whenever it appears that the parties have knowingly and deliberately fixed upon any price, however great or however small, there is no occasion nor reason for interference by courts; for owners have a right to sell property for what they please, and buyers have a right to pay what they please.”

   1 later decision quote this exact passage · from the majority
   e.g. MacKie v. Fuqua