Curry v. Holmes’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. ““ * * * it may be contested in equity by an original bill (Title 61, section 64, Code), where a jury trial may be had on the direction of the court (Title 61, section 67). And under this section when a jury is demanded the duty upon the court to submit the issues to a jury is mandatory. Ex parte Colvert, 188 Ala. 650 , 65 So. 964 . And whether the issue is directed by the court on its own initiative for jury trial or on demand of one of the parties, the equity court acts on a motion for a new trial as in jury trials at law, and on appeal is not controlled by Rule 62, supra, but the ordinary principles pertaining to jury trials at law seem to obtain. Cook v. Morton, 241 Ala. 188 , 1 So.2d 890 ; Lambert v. Foley, 237 Ala. 131 , 186 So. 138 ; Karter v. East, 220 Ala. 511 , 125 So. 655 ; Ex parte Colvert, supra. * * Curry v. Holmes, 249 Ala. 545, 548 , 32 So.2d 39, 42 .”

   1 later decision quote this exact passage · from the majority
   e.g. Rowell v. McCollough