Pate v. Bruner’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . .Its (the bill’s) sole purpose is to recover a money decree for the conversion of chattels, — timber and lumber. This is its -'tily aspect, and the discovery prayed is a mere incident to support that aspect. (Par. Supplied) “The complainant’s right is predicated upon a common law tort, for which, ordinarily, an action at law affords a complete and adequate remedy, and on the trial of which the defendant is entitled to a trial of the issues by jury. (Citations Omitted) “Cases in which the moving party seeks to recover damages arising from breach of contract or the commission of a tort, not associated or connected with an independent equity, courts of equity will not intervene, but will leave him to his remedy at law. (Citations Omitted) “The facts alleged in the bill do not bring the complainant’s case within the class wherein confidential relations exist between the parties, from which a duty arises for an accounting inter sese .... (Citations Omitted 1 “Nor do the allegations of the bill bring the complainant’s case within the rule that equity will lend its aid in support of a complainant’s common law right of action where he has used due diligence and exhausted all reasonable effort to procure evidence in support thereof, and failed, because the essential and material facts are within the exclusive keeping of the defendant and can be proved in no other way except ‘by the defendant’s answer.’ (Citations Omitted)” ( 243 Ala. at 650, 651 , 11 So.2d at 358 )”

   1 later decision quote this exact passage
   e.g. Whitman v. Mashburn

2. ““While complainant Las general information that the said C. A. Pate committed the trespass, wrongs and injuries herein complained of during the years 1939 and 1940, he has no actual and accurate knowledge as to when they were committed. He has no accurate knowledge or information as to the number of trees cut or the quality of lumber into which they were converted and sawn [sawed], nor does he have knowledge or information as 'o the price the said C. A. Pate received for the lumber sawn [sawed] from the timber when sold by him in its finished condition. Complainant is without accurate knowledge of the quantity of timber cut, the character of the lumber into which it was sawn [sawed] and converted and the number of feet in said lumber, the quantity and character of the lumber and value and price of the same received by him. ‘Such information is peculiarly within the knowledge of the said C. A. Pate.’ [Brackets supplied.] “In aggravation of the damages claimed, the original bill alleges that the tortious taking and conversion of the timber was without complainant’s knowledge or consent, and ‘were willful and intentional on the part of the said C. A. Pate.’ The bill prays for complete discovery as to the elements of the complainant’s cause of action and the amount of the damages.” ( 243 Ala. at 649, 650 , 11 So.2d at 357, 358 )”

   1 later decision quote this exact passage
   e.g. Whitman v. Mashburn