Russell v. Gaither’s Empirical Analysis

Citation profile

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

1. “[W]e are of the opinion that the statute does not require the orphans' court to stop the investigations being made before it, as these were, and send to a court of law issues for the determination of such questions as those proposed in this petition, when that investigation is being made under a plenary proceeding .... There may be cases under caveats to wills, and possibly some other plenary proceedings, in which it may be proper ; but, when that court is actually engaged in the hearing of the question whether administrators are entitled to be allowed for such items as these, it might lead to dangerous practices if either party has the right to stop all proceedings in that court, and require issues to be sent to a court of law.”

   1 later decision quote this exact passage
   e.g. Shealer v. Straka

2. “The regular mode of proceeding in opposition to the admission of a will to probat[e], is by caveat; and it may often happen, (and probably most frequently does,) that the necessity for a plenary proceeding and a trial by jury, is only discovered after a part at least of the testimony is taken; and at any stage of the proceedings, before final adjudication, either party may require it, and the court is not at liberty to refuse it.”

   1 later decision quote this exact passage
   e.g. Shealer v. Straka

3. “In any controversy in the [c]ourt, issues of fact may be determined by the [c]ourt or, at the request of any interested person made within such time as may be determined by the [c]ourt, by a court of law. Where such request is made before the [c]ourt has determined the issue of fact, the [c]ourt shall transmit the issues to a court of law.”

   1 later decision quote this exact passage
   e.g. Shealer v. Straka