MacKey v. Lefeber’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The petition, as originally drawn, asked for a money judgment against the defendant on his assumption contract, but prior to the trial the court permitted the plaintiff to amend his petition by eliminating the demand for personal judgment, and to ask only for the foreclosure of the mortgage. Since Jackson’s unverified answer to the petition admitted the execution of the note and mortgage, under the amended pleadings, the action was not one for the recovery of money, or of specific real or personal property, and the parties were not entitled to a jury trial, as a matter of right, under section 4993, Rev. Laws of 1910.” (Citing authorities.)”

   1 later decision quote this exact passage
   e.g. Righter v. Deming

2. ““Where the question of agency is made' an issue in a case of equitable cognizance, it becomes a question of fact to be determined by the court; and where a note is payable at payee’s office, it is a circumstance tending to show that the payee was the holder’s agent to collect.””

   1 later decision quote this exact passage
   e.g. Benham v. Selected Investments Corporation

3. ““A suit to foreclose a lien on real estate may be maintained without seeking a personal judgment for the lien indebtedness, in which event the parties are not entitled to a trial by jury.” (Italics ours.)”

   1 later decision quote this exact passage
   e.g. Righter v. Deming