Davis v. Gillen’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Thus, in Sumner v. Crawford, 91 Tex. 129 , at page 132, 41 S.W. 994 , at page 995, it was said: ‘“It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration as the remedy in equity.” Watson v. Sutherland, 5 Wall. 74 , 18 L.Ed. 580 ; North v. Peters, 138 U.S. 271 , 11 S.Ct. 346 , 34 L.Ed. 936 . In courts administering both law and equity, like ours, the rules denying injunction when there is a remedy at law should not be applied as rigidly ás at common law, where the issuance of the writ in equity was to a certain extent an invasion of the jurisdiction of another tribunal.’ The court reiterated this conclusion in Southwestern Telegraph & Telephone Co. v. Smithdeal, 104 Tex. 258 , at page 264, 136 S.W. 1049 , in discussing the adequacy of damages; and the quotation from Sumner v. Crawford states the present rule of decision. See: Brazos River Conservation & Reclamation District v. Allen, 141 Tex. 208 , 171 S.W.2d 842 ; Story v. Story, 142 Tex. 212 , 176 S.W.2d 925 .” See also Repka v. American Nat. Ins. Co., 143 Tex. 542 , 186 S.W.2d 977.”

   1 later decision quote this exact passage · from the majority
   e.g. Bank of the Southwest National Ass'n v. La Gasse