Phelan v. Smith’s Empirical Analysis

Citation profile

1 district · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Passing some minor technical objections to the form of the complaint, '* * * the appellant’s first contention is that the complaint does not state facts sufficient to constitute a cause of action, for the reason that equity will not interfere in such case by injunction, but will leave the party to his rights, if he have any, under the law. Without going into an analysis of the cases on this proposition, we think, under modern authority, the facts stated in the complaint bring it within equitable jurisdiction. Incompleteness and inadequacy of the legal remedy are what determine the right to the equitable remedy of injunction, and we do not think, conceding the allegation of the complaint to be tame, that respondent could obtain complete and adequate relief by law. Nor would any good purpose be subserved by allowing this property to be wrested from the possession of the respondent, and relegating him to an action for damages. * * * This point also raised by the county in its brief in Mills v. Thurston County, 16 Wash. 318 ( 41 Pac. 159 ), and, while not noticed in the opinion, this court tacitly acknowledged the jurisdiction by deciding the case upon the merits.””

   1 later decision quote this exact passage · from the majority
   e.g. Grant v. Cole