Nalle v. Harrell’s Empirical Analysis

Citation profile

34 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘The great object of all discounts or set-offs is, to adjust the indebtedness between the parties, and to permit executo-ry process to be enforced only for the balance that may be due.’ [Citations omitted.] [[Image here]] Averments of the bases of those rights and claims thereof make up a part of the ‘pleadings’ to which the ‘one final judgment’ must be ‘conformed’ .... Hence it has been held a judgment not disposing of a reconvention is not a final one. [Citations omitted.] [[Image here]] In consequence, the judgment ... is interlocutory, and judgment in the case cannot become final until defendant’s claims are finally adjudicated or given disposition otherwise. The necessary result of holding that the elements of the case are severable so as to permit a judgment presently enforceable in one branch is to deny the right of mutual cancellation by judicial action which we say is established in our law. [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. Rose v. Dominguez

2. “In consequence, the judgment in favor of Nalle, even though affirmed, is interlocutory, and judgment in the case cannot become final until defendant’s claims are finally adjudicated or given disposition otherwise. The necessary result of holding that the elements are severable so as to permit a judgment presently enforceable in one branch is to deny the right of mutual cancellation by judicial action which we say is established in our law.”

   1 later decision quote this exact passage · from the majority
   e.g. Dickinson State Bank v. Ogden