Long v. Martin’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are of the opinion that a party, by delaying taking out a mandate when he is entitled to it, after the judgment has become final, cannot prevent the case from coming within the express terms of article 3717 * * *. [Now 3773] In the case of Continental Gin Co. v. Thorndale Mercantile Co., Tex. Com.App., 254 S.W. 939 , it was held that the issuance of a mandate is not necessary ‘to render the judgment final,’ and that the 10 days after rendition of final judgment, allowed under the provisions of articles 7106 and 7107, Revised Statutes, for the return of replevied property, began to run from the time the judgment became final in the appellate court, without reference to the date of the issuance of its mandate.””

   1 later decision quote this exact passage
   e.g. JOHN F. GRANT LUMBER COMPANY v. Bell

2. ““If the losers on appeal were permitted, after resisting the enforcement of the judgment of the appellate court in such manner as to force the other party back into such court, with an application to prohibit interference with the execution of its judgment, to come into the appellate court in response to such application, and, claiming that the whole matter was reopened thereby, seek a rehearing on the merits of the case, they would secure indirectly that which they were not entitled to by an indirect proceeding. Such a course cannot be countenanced. See Lowell v. Ball-Hutchins & Co., 58 Tex. 562, 566 ; Harris v. Hamilton (Tex. Civ. App.) 234 S. W. 684 .””

   1 later decision quote this exact passage
   e.g. Davis v. Cox