Mitchell v. Conway’s Empirical Analysis

Citation profile

3 federal appellate · 10 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * The rule in that connection is that a bill should not be dismissed on sustaining the demurrer to it without giving the complainant an opportunity to amend, unless either the decree was rendered at a sitting of court when the parties are presumed to be present and it does not appear that complainant asked for the privilege of amending, or unless there appears upon the allegations of the complaint that it could not be reasonably thought subject to amendment that would give it equity. (Citations Omitted)" Mitchell v. Conway, 257 Ala. 648, 654 , 60 So.2d 676, 680 .”

   1 later decision quote this exact passage
   e.g. Denson v. Foote

2. ““ * * * One standing in the status of a surety for the payment of a debt due primarily by defendant, even before he pays the debt but after it becomes due, has the right to require the one primarily liable in so far as complainant is concerned to exonerate him either by paying the debt or securing complainant against loss * *”

   1 later decision quote this exact passage
   e.g. American Southern Insurance Co. v. Dime Taxi Svc., Inc.

3. ““The rule in respect to mortgages is that the law sanctions it as security for an existing debt even as against other creditors, when it is not a general assignment (section 8040, Code), if it is a ‘bona fide appropriation of property to secure a debt honestly due.’ ””

   1 later decision quote this exact passage
   e.g. Butler v. Hughes