Bogk v. Gassert’s Empirical Analysis

Citation profile

88 federal appellate · 1 district · 58 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 183 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The trial took place before a jury, and Hie assignments of error relate to the rul-ines of the court made in the course of .such trial. We proceed to consider them in their order. “1. That the court erred in overruling the defendant’s motion for a nonsuit. In this connection, the bill of exceptions shows that the plaintiffs put in evidence the deeds from Bogk and wife to the plaintiffs, the agreement to reconvey, the lease with oral testimony of the rental value, and then rested. Defendant thereupon moved for a non-suit upon the ground that plaintiffs had failed to prove Hiat thev were ever at any time in or entitled to the possession of the premises; that defendant ever entered into possession under or by virtue of said lease: and that plaintiffs totally failed to prove a demand to have been made for the possession of the premises, or ever served or gave notice to quit upon the defendant. This motion was overruled. Defendant excepted, and proceeded to introduce testimony in defense. “The practice in Montana (Comp. Stat. sec. 242) permits a judgment of nonsuit to be entered by the court, upon motion of the defendant, when, upon the trial, the plaintiff fails to prove a sufficient case for the jury.’ Without going into the question whether the motion was properly made in •this case, it is sufficient to say that defendant waived it by putting in his testimony. A defendant has an undoubted right to stand upon his motion for a nonsuit, and have his writ of error, if it be refuse”

   4 later decisions quote this exact passage · from the majority
   e.g. Cramer v. United States · Local Building & Loan Ass'n v. Hudson-Houston Lumber Co.

2. “[i]t not infrequently happens that the defendant himself, by his own evidence, supplies the missing link. . . .”

   3 later decisions quote this exact passage · from the majority
   e.g. 151 F. Supp. 2d 226 - Durant v. Strack · Juan Moran v. The Raymond Corporation

3. ““Again, it is firmly established that, where propositions submitted to a jury are excepted to en masse, the exception will be overruled, provided that any of the propositions be correct; and, where a general exception is taken to the refusal of a series of instructions, it will not be considered, if any one of the propositions is unsound.””

   1 later decision quote this exact passage
   e.g. Hovey v. Sanders