Wright v. . Delafield’s Empirical Analysis

Citation profile

1 federal appellate · 57 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that the courts are more liberal than formerly in making or allowing amendments of pleadings, and when the substantial rights of the parties have been fairly tried, trifling variances are disregarded, and judgment given according to the real right of the case as established. Corning v. Corning, 2 Seld. 97; Hall v. Gould, 3 Kern. 127; 28 Barb. 441 -602; 33 Id. 238. “But these cases assume, and this right of disregarding variances proceeds upon the ground, that the substantial rights of the parties are set up in the pleadings, and section 169 forbids amendments where the party will be misled or surprised. * * * Parties go to court to try the issues made by the pleadings, and courts have no right impromptu to make new issues for them, on the trial, to their surprise or prejudice, or found judgments on grounds not put in issue, and distinctly and fairly litigated.””

   1 later decision quote this exact passage
   e.g. American Mills Co. v. Hoffman

2. ““quite problematical whether the relaxation of this rule which has been introduced under the Code in modem practice will not involve and produce much greater confusion and mischiefs than it will remedy.””

   1 later decision quote this exact passage
   e.g. American Mills Co. v. Hoffman