McLoughlin v. Malnar’s Empirical Analysis

Citation profile

1 federal appellate · 30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The law does not favor a repeal of an older statute by a later one by mere implication. As said in Winslow v. Morton, 118 N. C. 486, 491 , 24 S. E. 417 : ‘The implication, in order to be operative must be necessary, and if it arises out of repugnancy between the two acts, the later abrogates the older only to the extent that it is inconsistent and irreconcilable with it. [Citing cases.] A later and an older statute will, if it is possible and reasonable to do so, be always construed together, so as to give effect not only to the distinct parts or provisions of the latter, not inconsistent with the new law, but to give effect to the older law as a whole, subject only to restrictions or modifications of its meaning, where such seems to have been the legislative purpose.’ The doctrine of that case has generally been followed and it means that it is the duty of the court to construe the acts if possible that both shall be operative. State v. Dupuis, 18 Or. 372 , 23 Pac. 255 ; 1 Lewis’ Sutherland Statutory Construction (2d ed.), p. 466, sec. 247; Crawford, Statutory Construction, p. 194, sec. 135; p. 196, sec. 137; Milwaukee County v. Halsey, 149 Wis. 82, 88 , 136 N. W. 139 ; Madison v. Southern Wis. R. Co. 156 Wis. 352, 359 , 146 N. W. 492 .” McLoughlin v. Malnar (1941), 237 Wis. 492, 496, 497 , 297 N. W. 370 .”

   1 later decision quote this exact passage
   e.g. 39 Wis. 2d 676 - Jicha v. Karns

2. ““Whenever any person shall apply to any court in this state to be relieved in case of a usurious contract or security, or when any person shall set up the plea of usury in any action instituted against him, such person to be entitled to such relief or the benefit of such plea shall prove a tender of the principal sum of money or thing loaned to the party' entitled to receive the same.””

   1 later decision quote this exact passage
   e.g. Hirsch v. Smith

3. “The practice of resorting to motions for summary judgment came into being to prevent delay in the entry of a judgment due to the interposition of unfounded, false, or frivolous answers.”

   1 later decision quote this exact passage
   e.g. Madigan v. Onalaska