Rohe v. Pease’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In replevin the plea of non cepit only puts in issue the taking of the property and does not authorize a judgment for a retorno habendo. ( Vose v. Hart , 12 Ill. 278 .) That plea and the plea of non delinet filed in this case both admitted the property to be in the plaintiff. A verdict of not guilty is responsive to those issues, only, under which the plaintiff is admitted to be the owner, and it is erroneous for a court to award a writ of retorno habendo upon such a verdict. A judgment for a return of the property cannot be rendered unless it appears from the issues tried and the *Page 277 verdict returned that the plaintiff is not the owner. ( Bourk v. Riggs , 38 Ill. 320 .) The provision of the statute authorizing a judgment for a return of the property to the defendant is, that if the right of property is adjudged against the plaintiff such a judgment may be given. — 3 Starr Cur. Stat. 1896, p. 3382.”

   1 later decision quote this exact passage · from the majority
   e.g. Lucas v. Gansler

2. “We, the jury, find the defendants not guilty.”

   1 later decision quote this exact passage · from the majority
   e.g. Lucas v. Gansler