Carruth v. Easterling’s Empirical Analysis

Citation profile

13 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. “§ 1475.5. Defenses to be set up by way of answer — abolition of pleas. 1. Pleas in circuit court are hereby abolished and every defense heretofore presentable by plea shall be made in an answer; . . . 2. (a) The defendant shall answer fully all the allegations of declaration without being specially interrogated. All matters of fact averred in the declaration and not denied by the answer may be taken at the hearing as admitted. § 2859. The pleadings. [ In Replevin ] (Prior to 1960) The declaration may be filed after the issuance of the writ, if it be filed on or before the first day of the return term, or before any order of dismissal be taken; and the action may be tried at the first term of the court. [The defendant may plead that he is not guilty of the premises charged against him, and this plea shall put in issue not only the right of the plaintiff to the possession of the property, but also the wrongful taking and detention, or wrongful detention thereof, as the case may be.] (Brackets supplied to show part deleted by amendment in 1960.) § 2859. The pleadings. [ In Replevin ] (After 1960) The declaration may be filed after the issuance of the writ, if it be filed on or before the first day of the return term, or before any order of dismissal be taken; and the action may be tried at the first term of the court. The defendant may plead as provided by law.”

   1 later decision quote this exact passage
   e.g. 284 So. 2d 532 - Rawles v. Ogden

2. “Amendments to pleadings are liberally allowed under our court procedure. Sec. 1511, Miss.Code 1942, Rec. Moreover, amendments may be made to the pleadings in replevin actions. * * * In 46 Am.Jur., Replevin, Sec. 107, p. 60, the textwriter makes the following statement : “Where facts have arisen since the commencement of the action and before judgment which would vary the relief to which the plaintiff or defendant would have been entitled at the commencement of the action, such facts may be alleged in an amended petition, answer, or cross petition.” (247 Miss, at 370, 150 So.2d at 855 .) It has been said that “The right to amend is as liberally accorded in replevin actions as in other causes. The amendment of pleadings is largely a discretionary matter, and a decision on such an application will not be reversed unless it is shown that there has been a clear abuse of discretion by the trial court. * * * Practically the only limitation upon the power of the court to allow plaintiff to amend the complaint is that a new cause of action cannot be introduced * * Cyc., Replevin, IV, F, 1, a, p. 1489. See also 77 C.J.S. Replevin § 167, pp. 116-117; Kirch v. Davies, 55 Wisc. 287, 11 N.W. 689 ; Kelly v. Bliss, 54 Wisc. 187, 11 N.W. 488 ; Cain v. Cody, 3 Cal.Unrep. 489 , 29 P. 778 . (247 Miss, at 370-371, 150 So.2d at 855 .)”

   1 later decision quote this exact passage
   e.g. Philco Distributors, Inc. v. Herron

3. “facts amounting to a recoupment may also allege in the answer an affirmative defense to the plaintiff's right of possession or interest in the property, but facts may not be pleaded in the answer which amount to a counterclaim to set off or establish unrelated debts or demands.”

   1 later decision quote this exact passage
   e.g. 478 So. 2d 253 - Hall v. Corbin