Deeds v. Gilmer’s Empirical Analysis

Citation profile

23 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “B. C. Sales Company, Inc., became technically a corporate entity; and as such was capable of contracting and being contracted with, of taking and holding the assignment of Boger’s contract with Pulaski Veneer Corporation, and of suing and being sued. But the evidence shows beyond all question that Boger and Coleman have been at all times the beneficial owners in equal parts of all its capital stock and/or of all rights to subscribe therefor; and that they have consistently, utterly disregarded its corporate entity, and dealt with its rights, property and business as if they belonged to a partnership composed of themselves. In view of this, as between themselves and as between one of them and the creditors of the other, they should not be heard to say that... it is other than a partnership composed of themselves doing business under the name and style of B. C. Sales Company, Inc. . . . [F]or all the purposes of this cause we shall so treat it and deal with it and its property.”

   1 later decision quote this exact passage · from the majority
   e.g. Boyd, Payne, Gates v. Payne, Gates, Farthing

2. “A proceeding for civil contempt partakes more of the nature of a remedial civil proceeding than ... a criminal proceeding. Its main purpose is to procure the imposition of a punishment which will afford remedial relief to the parties injured by the violation of the injunction. Not only is the proceeding instituted at the instance of the injured parties, but they are parties to it; and it is properly instituted and tried as a part of the injunction suit. In contempt proceedings of this nature the punishment . . . imposed is not limited to a fine and/or imprisonment. ... In appropriate cases the violator may be punished by ... an award of damages against him in favor of the injured party sufficient to indemnify him for the pecuniary loss occasioned to him as a result of the act or omission which violated the injunction having injured or damaged property or rights which he was entitled to have protected or preserved by the injunction. [Emphasis supplied.]”

   1 later decision quote this exact passage · from the majority
   e.g. Leisge v. Leisge

3. “he has not been damaged by its violation.”

   1 later decision quote this exact passage · from the majority
   e.g. Signal Oil & Gas Co. v. Ashland Oil & Refining Co.