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

1. “Section 2966 of the Code of 1907 [6-6-148] authorizes suit upon the bond any time within three years before or after suit is determined, and our court has held that this right exists as to the common-law action as well as a suit upon a bond. Alsop v. Lidden, 130 Ala. 553 , 30 South. 401 ; Brown v. Master, 104 Ala. 463 , 16 South. 443 . It is true these cases construed the statute as it existed prior to the Code of 1907, and a part of section 565 of the Code of 1896 (now section 2966 of the Code of 1907) was left out of the present Code, but there was no change as to the right to bring the action either before or after the determination of the suit. It has also been held that this statute applies to actions for the wrongful suing out of garnishments as well as attachments. Barber v. Ferrill, 57 Ala. 446 . Hence the trial court did not err in overruling the defendant’s demurrer to the complaint for failing to aver that the suit had been determined, or in sustaining the demurrers to the special pleas setting up that this action was prematurely brought, (emphasis supplied).”

   1 later decision quote this exact passage
   e.g. 586 F. Supp. 1563 - Jones v. Preuit & Mauldin