Ellis v. Prevost’s Empirical Analysis

Citation profile

3 federal appellate · 27 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The court cannot bo ignorant of the mode in which our'Codes were prepared and became laws. They were written by lawyers, who mixed with the positive legislation definitions seldom accurate, and points of doctrine always unnecessary. The legislature modified and changed many of the provisions relating to the positive legislation, but adopted the definitions and abstract doctrine, without material alteration; from this circumstance, as well as from the inherent difficulty of the subject, the positive provisions of our Code are often at variance with the theoretical part, which was intended to elucidate them; and whenever that occurs, we deem it a sound rule of interpretation, to disregard the doctrine, and consider the definitions modified by the clear intent of the positive enactments.””

   1 later decision quote this exact passage · from the majority
   e.g. Atkins v. Commissioner

2. “the law considers the tradition or delivery of immovables as always accompanying the public act which transfers-the property.”

   1 later decision quote this exact passage · from the majority
   e.g. Conrad v. Waples

3. “where a contrary intention does not appear decidedly . . .”

   1 later decision quote this exact passage · from the majority
   e.g. 319 So. 2d 766 - Liner v. Louisiana Land and Exploration Co.