Miller v. Baird’s Empirical Analysis

Citation profile

1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The established rule is that where an action is in personam and seeks only a personal judgment, another action for the same cause in another jurisdiction is not precluded. Kline v. Burke Construction Co. (1922), 260 U.S. 226 , 43 S.Ct. 79 , 67 L.Ed. 226 ; O'Donnell v. Richardson-Allen Corp. (1964), D.C.N.Y., 34 F.R.D. 214 ; also Red Top Trucking Corp. v. Seaboard Freight Lines (1940), D.C.N.Y., 35 F.Supp. 740 , wherein a factual situation similar to the present status of Actions Nos. 688 and 724, was considered. Thus the plaintiff Miller, in No. 724, had a right to bring his cause of action in the state court subsequent to the action brought by Mr. Baird in this court in No. 688; and Mr. Miller is not barred from prosecuting his suit through the operation of Rule 13(a), supra. However, now that Mr. Miller's state action has been properly removed to this court, in which Mr. Baird's action is pending, and since the claims of each party grow out of the same automobile collision, the two causes will be consolidated for trial, and Mr. Miller's claim will be treated as a counterclaim and crossclaim under the provisions of Rule 13(a) and (g), supra.”

   1 later decision quote this exact passage · from the majority
   e.g. 201 W. Va. 571 - Sorsby v. Turner