Murphy v. Paull’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Courts of equity sit to redress wrongs causing damage. When no damage is shown they will not order reparation of moneys equitable though irregularly disbursed. The penalty provided for a violation of a statute cannot be imposed in a taxpayer’s action. So if the taxpayers have sustained no loss by an irregular act, a court of equity has no function to perform. It may enjoin an irregular act. It may restore a loss. But it cannot punish for a past violation of the statute. To require a repayment of that which was equitably paid would be to render a-court of equity an engine of injustice, as was said in Frederick v. Douglas County, 96 Wis. 411 , 71 N. W. 798 . . . . It seems to be quite well established from our own decisions as well as from decisions in other states and in accordance with principles announced by textbook writers that in a matter in which the municipality has power to act, where there has been a completed transaction, though irregular and unlawful, a court of equity will not require restoration of the money paid unless some loss can be shown to the taxpayers. Because to do so would be grossly inequitable. . . . Courts will not order a refund of moneys illegally paid out where the municipality has the power to do the thing that is done, and where no loss results to the taxpayers, even though there are statutory irregularities in the manner of doing, as in the case of Ellefson v. Smith, 182 Wis. 398 , 196 N. W. 834 .” See also Shulse v. Mayville, 223 Wis. 624, 630”

   1 later decision quote this exact passage
   e.g. Marinette County v. Schmitt