Miller v. Rusk’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““And it is very clear a defendant cannot be compelled to answer in a county other than that of his residence, under this exception in the statute, when the sole object of the suit, as to him, is a decree for specific performance, though there were other defendants against whom the plaintiff sought a recovery for an injury to the possession or estate. The 'recovery of land’ manifestly has reference to the possession; and ‘damage thereto,’ as manifestly has reference to an injury to the possession, or to the freehold or estate, and not, as the argument of the appellant assumes, damages for the breach of the contract to make title. Where the latter is the object, the suit is merely personal; the recovery operates in personam, fixing only the personal liability of the party contracting, not affecting the right of property or possession of the land contracted to be conveyed, and must be brought in the county of the defendant’s residence. So in the present case a decree would operate only a conveyance of the legal title, and should be binding upon the defendant personally to the extent of the obligation of his contract.””

   1 later decision quote this exact passage
   e.g. Welch v. Ladd