Tracy v. . Talmage’s Empirical Analysis

Citation profile

8 federal appellate · 2 district · 81 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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘•The rule is, ‘Jn pari delicto potior est conditio defendant is.’ If the parties are not equally criminal, the princii>aJ. delinquent may lie held responsible to his co-delinquent for damages incurred l>y their joint offense. In respect to offenses in which is involved any inora! delinquency or turpitude, all parties are deemed equally guilty, and courts will not inquire into their relative guilt. But where the offense is merely malum prohibitum, and is in no respect immoral, it is not against the policy of the law to inquire into tlie relative delinquency of the parties, and to administer just ice between them, although both parties are wrongdoers.””

   1 later decision quote this exact passage · from the majority
   e.g. Farrington v. Stucky

2. ““The cases in which the courts wilL give relief to one of tlie parties on the ground that he is not in pari delicto form an independent class, entirely distinct from those cases which rest upon a disaffirmance of the contract before it is executed. It is essential to both classes that the contract bo merely malum prohibitum. If malum in se, the court will in no case interfere to relieve either party from any of its consequences. But where the contract neither involves moral turpitude nor violates any general xn’inciple of public policy, and money or property has been advanced upon it, relief will bo granted to the party making the advance.””

   1 later decision quote this exact passage · from the majority
   e.g. Farrington v. Stucky

3. ““ ... It is safe to assume that, whenever the statute imposes a penalty upon one party and none upon the other, they are not to be regarded as par delictum. . . . ‘And it is very material that the statute itself, by the distinction it makes, has marked the criminal, for the penalties are all on one side.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Reilly v. Clyne