Stuart v. Hoatson’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . Even if we were to hold that the executor exceeded his power in instituting the action without authority from the probate court, the district court would still have had jurisdiction of the cause under the answer of the defendants. They also asked partition of the real estate according to the respective interests of the parties and that the land be appraised and sold if partition could not be made in kind without manifest injury. If the executor had instituted no action the defendants would certainly have been entitled to bring an action in partition in the' district court, and to make the executor a party defendant. In such action they would not be asserting claim upon any assets of the estate. On the contrary they would be seeking to have their property interests segregated from those of the' estate. Jurisdiction was not defeated by the fact that their cause of action was asserted in an answer rather than in a petition.” (p. 515.)”

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