Cowne v. Weber’s Empirical Analysis
1972
Citation profile
2 state decisions
Relationships
Relies on Hasle v. Maasbrock · Hialeah Race Course, Inc. v. Gulfstream Park Racing Association · 73 So. 2d 863 - Brautigam v. MacVicar · 151 So. 2d 869 - Miller v. Miller · In Re: Estate of Knight
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A defendant is authorized ... to test the legal sufficiency of the plaintiffs complaint. It is somehow intolerable for him to be successful with his motion and then observe the court at the same time issue a sua sponte declaratory judgment unfavorable to him without the case being at issue and before the defendant can frame or file his defenses, and cross and counter claims. He wins the battle and before he is ready or advised he finds he has lost the war.”
1 later decision quote this exact passagee.g. Noimbie v. Harvey
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.