Hall v. Lowther’s Empirical Analysis

Citation profile

12 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. ““It is apparent from these provisions that the legislature, in the enactment of this statute and authorizing the sale of property of an absent defendant hy ex parte proceedings, was fully aware of the great injustice that might be done to the defendant by an abuse or oppressive use of such proceedings, and it therefore used great precaution in placing upon iliem every reasonable restriction and limitation it was possible to do, to prevent such abuse, and such as would effectually guard and protect both the rights of the defendant and the bona fide purchaser in sncli cases. In order to secure indemnity to the defendant and to protect the title of the purchaser, it expressly declared that the plaintiff should not have the benefit of the provision authorizing the sale of the property unless and until he shall have given bond with security to answer any future order made in the case. This was intended to secure the defendant against any damage that might, be done him by the ■wrongful employment or abuse of the provisions of the statute, without the necessity of resorting to the property sold. It ivas also intended that this bond, by thus securing indemnity to the defendant, should protect ilie title of the purchaser of the property; for in case such bond was given, and the purchase was bona fide, the defendant is confined to his remedy on the bond, and cannot question or impeach the title of the property so purchased. But In order to make this indemnity and redress to the defenda”

   1 later decision quote this exact passage
   e.g. Ritchie v. Sayers