Boyer v. Hamilton’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The entire proceeding in regard to the intervention . of Howard & Kreiter was irregular. The court seemed to have treated the proceeding in the nature of an inter-pleader, losing sight of the principle that the debtor alone can maintain such a bill, and not the creditor. (Hathaway v. Foy, 40 Mo. 540 .) The fund in controversy was never in possession of the court, and the court could never have made any order in regard to its distribution, even if the pleadings and evidence would have warranted it. The only disposition which can be made of the case here, is to direct such a judgment as is called for by the pleadings and uncontroverted evidence. The defendants, Howard & Kreiter, even if recognized as parties to this proceeding, have given no legal evidence to defeat the plaintiff’s recovery. If they have any valid claim on the fund in controversy as against the plaintiff, they can assert it by some method in conformity with established rules of procedure, in an independent action against him. There is nothing even to show that he is not financially responsible. The defendants, Melton & Claphamson, have admitted their liability by their answer, and no reason exists why judgment should not be rendered against them. “All the judges concurring, the judgment is reversed, and the cause remanded, with directions to the trial court to strike the answer of Howard & Kreiter, and the plaintiff’s reply thereto, from the files, and to render judgment in favor of the plaintiff against the d”

   1 later decision quote this exact passage · from the majority
   e.g. Goodrich v. Williamson