Auld v. Butcher’s Empirical Analysis

Citation profile

1 federal appellate · 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Suppose the defendant, together with the answer filed by him, had filed an additional answer setting up the three years’ limitation as a bar to the partnership account? The one would have been in irreconcilable antagonism with the other. By one answer he sets up a partnership account upon which he alleges there is a large balance due to him, and prays the court to take an account of the partnership business and give him a judgment for the balance in his favor. By the other he declares in the same breath, that the whole partnership account is barred by the statute of limitations, and no judgment can be rendered on it. In such case, the court, on motion, would compel the defendant to elect which answer he would stand upon, and strike the other from the record. . . . But surely the defense attempted in this case is not less.inconsistent with the defendant’s answer than if it had been placed upon the record with it.””

   1 later decision quote this exact passage
   e.g. Ferguson v. Prince