Morris v. Cook’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ It is supposed by the plaintiff’s counsel that a plea puis, etc., is a waiver of all previous pleas, whether it be interposed to the whole or only part of the plaintiff’s action. The rule is, perhaps, universal, where the plea goes to the whole subject of the declaration. But where it goes to one of several counts, or to any particular part of an entire claim, I can see no reason for making it- a waiver beyond what it professes to answer. In Rayner v. Dyett, 2 Wend. 300 , a plea puis of a discharge of the body from imprisonment was held to be no waiver of the previous general pleas in bar. Why was this so? Plainly because the plea puis was partial. It affected the remedy merely. It acted as a waiver no further than it was intended as an answer.””

   1 later decision quote this exact passage
   e.g. Bennet v. Gilbert