Smith v. French.’s Empirical Analysis

Citation profile

1 federal appellate · 16 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. “Our statute on counterclaim is very broad in its scope and terms, is designed to enable parties litigant to settle well-nigh any and every phase of a given controversy in one and the same action, and should be liberally construed by the court in furtherance of this most desirable and beneficial purpose”

   2 later decisions quote this exact passage
   e.g. Stacey Cheese Co. v. Pipkin · Sewing Machine Co. v. . Burger

2. “Subject to the limitations expressed in this statute, a counterclaim includes well-nigh every kind of cross-demand existing in favor of defendant against the plaintiff in the same right, whether said demand be of a legal or an equitable nature. It is said to be broader in meaning than set-off, recoupment, or cross-action, and includes them all, and secures to defendant the full relief (398) which a separate action at law, or a bill in chancery, or a cross-bill would have secured to him on the same state of facts.”

   1 later decision quote this exact passage
   e.g. Stacey Cheese Co. v. Pipkin

3. ““It will be noted that the requirement restricting a counterclaim to one that exists at the time the action was commenced is only stated in reference to the second class of counterclaims described in the statute- — those wherein an action on a contract, the breach of an entirely different and distinct contract, is set up by defendant.””

   1 later decision quote this exact passage
   e.g. Californian Canneries Co. v. Pacific Sheet Metal Works