Baumgartner v. Schey’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.””

   3 later decisions quote this exact passage · from the majority
   e.g. Hecla Mining Co. v. New Hampshire Insurance Co. · Mahan v. Hardland

2. ““It is, therefore, clear that if plaintiffs action had not been brought under the Declaratory Judgments Act prior to the end of the lease period it would have been an action in ejectment or forcible entry and detainer and in either ease would have been an action at law. Thus, the character of the action, the entire controversy, is one at law, and one entitling defendants to a trial by jury of issues of fact.” Baumgartner v. Schey, supra, 143 Colo. at 380 , 353 P.2d at 378 .”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Mercy Housing Management Group Inc. v. Naomi Bermudez. · Husar v. Larimer County Court

3. “If the action in which declaratory relief is sought would have been an action at law had it been permitted to mature without the intervention of declaratory procedure, the right to trial by jury of disputed questions of fact is not affected.”

   2 later decisions quote this exact passage · from the majority
   e.g. Hecla Mining Co. v. New Hampshire Insurance Co. · Stuart v. North Shore Water & Sanitation District