Lorey v. Cox’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘A defendant may demur to a petition only where some one of the defects enumerated in G. S. 1935, 60-705, appears on the face of the petition, and where such a defect does not so appear the objection to the petition may be taken by answer. (G. S. 1935, 60-707.)’ ” (Syl. f 2.)”

   3 later decisions quote this exact passage · from the majority
   e.g. Phillips v. Dickey · Babcock v. Dose

2. ““The defendant may demur to the petition only when it appears on its face, either: First, that the court has no jurisdiction of the person of the defendant, or the subject of the action. . . . Third, that there is another action pending between the same parties for the same cause. . . . Fifth, that the petition does not state facts sufficient to constitute a cause of action.” (Emphasis supplied.)”

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

3. ““A demurrer to a pleading may be employed to test the legal sufficiency of facts appearing on its face but of no others. Any motion to be properly regarded as tantamount to a demurrer, for the purpose of making a ruling thereon appealable, must be likewise restricted in its operation.” (Syl. ¶ 4.) (Emphasis supplied.)”

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