Comer v. Limbaugh’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to those grounds of the demurrer to that phase of the bill claiming damages, appellant’s argument is that 'a disputed boundary line cannot be put forward as a pretext for a court of equity to award damages for an alleged trespass,’ * '* *. On the face of the bill, even construed • 'most strongly against the pleader, it is by no means apparent that the phase of the bill seeking definition of the disputed boundary is not bona fide or is a mere pretext to have the court award damages. We here deal with a bill on demurrer, in which case the averments of the bill are taken as true. Such a contention might be appropriate on appeal from a final decree where the equitable remedy was denied and damages awarded. * * * Under the statute it is comprehended that all matters relating of incident to the suit to establish a disputed boundary may be determined. Code, Title 47, § 3. The general rule is that where a court of equity assumes jurisdiction of a cause, it will retain the bill and do complete justice. * * * We hold, therefore, the bill as to this phase of the case was also well filed.” Citations omitted. Comer v. Limbaugh, 256 Ala. 655, 660 , 57 So.2d 72, 75 .”

   1 later decision quote this exact passage
   e.g. Steele v. McCurdy