Maxwell v. Griffith’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A number of questions have been presented by the appeal which will not be considered, as the foregoing disposes of the case; but a controversy having arisen as to whether the attorney’s fees for obtaining a dissolution of the attachment should be fixed by the court or by the jury, and the lower court having been of the opinion that it was not a question for the jury, under our holding in Seattle Crockery Co. v. Haley, 6 Wash. 302 ( 33 Pac. 650 , 36 Am. St. Rep. 156 ), we have deemed it best to call attention to the fact that in the discussion of that case, at page 314, the court failed to observe the distinction between the attorney’s fee incurred in the dissolution proceedings and the attorney’s fee in the action upon the bond. Section 295, supra, [Rem. Comp. Stat., § 654] provides that, in an action upon the bond, the attorney’s fee for such action shall be fixed by the court, but the attorney’s fee incurred in the proceedings for dissolving the attachment is a matter of damages, to be submitted to the jury in an action on the bond, the same as any other claim thereon, there being no statutory provision to the contrary.” Maxwell v. Griffith, 20 Wash. 106 , 54 Pac. 938 .”

   1 later decision quote this exact passage · from the majority
   e.g. McFarland v. Ratcliffe