Kelly v. Wright’s Empirical Analysis

Citation profile

95 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Rule 91 provides that a special exception shall not only point out the particular pleading excepted to, but shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegation in the pleading excepted to. “The exceptions in question merely assert that the petition failed to show any grounds for equitable relief or state a cause of action. They do not point out intelligibly and with particularity the reasons for such conclusions. Therefore, the trial court erred in sustaining them.””

   2 later decisions quote this exact passage · from the majority
   e.g. Spillman v. Simkins · McCamey v. Kinnear

2. ““No rule of law is better settled than the one that a court of equity will not set aside a final judgment in a former action when the failure to have a full and fair presentation of the case therein resulted from the negligence, inadvertence or mistake either of the party seeking the relief or his -counsel.””

   2 later decisions quote this exact passage · from the majority
   e.g. Keeton v. King · Petro-Chemical Transport, Inc. v. Carroll