Hodges v. Wise’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . . his bill may be dismissed.” In the 1940 Equity Rules, Code 1940, Title 7, Appendix, page 1105, Rule 74 appears in the language quoted above from 1958 Recompiled Code. In Hodges v. Wise, 16 Ala. 509 , this court considered Rule 28, Clay’s Digest, 615, supra, and held a suit properly dismissed where for five years complainant had failed to obtain service on some respondents who were infants, although service had been had on their mother and her husband who were each made defendants to the bill. This court said: “. . . . The plain object of the rule was to avoid delay, and to compel complainants to have their causes ripe for hearing by the second term, at least so far as to have taken measures for bringing in defendants. This object would be defeated if the taking measures to bring in one of several defendants should relieve the party from the operation of the rule in respect to others; or if he could obtain an exemption by resorting to measures to bring in the parties not recognised by law, or the practice of the court, and which prove ineffectual. The rule is a salutary one, and if properly enforced, will, in my judgment, contribute much to relieve the courts of chancery of the complaints too often with justice urged against them, of delays in their proceedings. The rule should not therefore be lightly regarded. . . . .” ( 16 Ala. at 512 )”

   1 later decision quote this exact passage
   e.g. Williams v. Pyramid Development Co.