Sutton v. Beidleman’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The plaintiff asserts that the defendants were not entitled to a trial by jury in this case for the reason that he had filed in said cause long prior to the date of trial a waiver of personal judgment and asked only for a foreclosure of his mortgage, and that this made the case an equitable action. “We are unable to find any authority holding that the filing of a waiver of a personal judgment in an action for the recovery of money, where issues are joined on the amount due, makes the case an equitable action, and the plaintiff does not cite any case so holding. * * * “The plaintiff cannot deprive the defendants of a trial by jury in this case by simply filing a waiver of personal judgment. The action still remains one for the recovery of money with issue joined on the amount due. “The amount due on the note and mortgage sued on, notwithstanding the waiver referred to, is still in controversy, and the defendants are entitled to have that issue tried to a jury as a matter of right.””

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