Kingston v. Walters’s Empirical Analysis

Citation profile

4 district · 14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In this territory the practice is no longer controlled bi- the common-law forms, for under our Code of Civil Procedure (section 2685, Compiled 'Laws of 1897), there is but one form of civil action, and a plaintiff may unite in the same complaint several causes of action,, both legal and equitable. In other words, under the reformed system of pleadings, which, our Legislature has adopted, litigants are given the relief which the facts in the pleadings show them to be entitled to, in one action, whether the relief is. equitable, or legal, or both.””

   1 later decision quote this exact passage
   e.g. Porter v. Alamocitos Land & Livestock Co.

2. ““Under onr Code of Civil Procedure there is in this territory but one form of civil action, and a complaint will not he dismissed, when it sets up a cause of action which is .good either in law or equity, because the plaintiff has misconceived the nature of .his remediable right, and has asked for a legal remedy when it should have been equitable, or for an equitable remedy when it should have been legal.””

   1 later decision quote this exact passage
   e.g. Baum v. Longwell