Williams v. Edwards’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the contention of the plaintiff in this cause that appropriate provisions should be treated as appearing in the bond even though they are absent therefrom, on the theory that the statute itself should be considered as a part of the bond. With this contention we cannot agree. This court has held in two well-considered cases that the sureties on a supersedeas bond will be held only in accordance with the contract that was executed, and that the court is not authorized to rewrite the contract and thereby impose upon such sureties liability which they did not assume.””

   1 later decision quote this exact passage
   e.g. Dailey v. Sawatzky

2. ““The obligors upon an appeal or super-sedeas bond are bound by the recitals in the bond, and where the bond recites that a certain action was pending in district court between certain parties, and that a judgment was rendered in said cause, the obligors in such bond, in a suit thereon, are estopped from saying no such suit was pending or that no valid judgment was rendered therein.””

   1 later decision quote this exact passage
   e.g. Gibson Oil Co. v. Hayes Equipment Mfg. Co.

3. ““A party entitled to an estoppel need not in all cases formally plead the estoppel. If the facts constituting the estoppel' are in any way sufficiently pleaded, he is entitled to the benefit of the law arising therefrom.””

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