Henderson v. Ryan’s Empirical Analysis

Citation profile

21 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]o save time and to relieve court congestion, parties are encouraged, if not commanded, to litigate all their claims in one action, except to the extent that joinder of multifarious and complex issues would produce confusion and prejudice.”

   3 later decisions quote this exact passage
   e.g. Ryan v. Mackolin · Rogers v. City of Whitehall

2. “The second theory has been described in terms of 'primary right - primary duty.' Under this theory, it is the breach of a primary right possessed by a plaintiff and its correlative, primary duty of defendant, which creates a cause of action. Pomeroy, supra, Section 347. "An examination of the instant petition reveals that two reciprocal rights and duties are involved. In terms of plaintiffs rights, it is his right to be paid the money due on the insurance contract and his right to be free from 'wrongful garnishment,' which constitutes the primary rights allegedly breached. As to the defendants, it was the duty of Shelby to pay the amount admittedly due under its insurance contract, and it was the duty of Reliance to refrain from allegedly spurious legal action, which form the primary duties involved. It appears that, under this theoiy, plaintiff seeks to state two distinct causes of action. "The final theory defines 'cause of action' as 'a group or aggregate of operative facts, limited "to a single occurrence or affair, without particular reference to the resulting legal right or rights.”

   1 later decision quote this exact passage
   e.g. 7 Ohio App. Unrep. 37 - Cordemex v. Dayton Importers Corp.

3. ““(A) . . . All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. A . . . defendant need not be interested in . . . defending against all the relief demanded. Judgment may be given . . . against one or more defendants according to their respective rights to relief, and against one or more defendants according to their respective liabilities. “(B) The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.” (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. Ryan v. Mackolin