Kirkpatrick v. First State Bank’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is a general rule that the presence of a counterclaim which is shown to be sham, frivolous, or without merit is not in itself a bar to relief under summary judgment statutes and rules. On the other hand, the presence of a counterclaim predicated upon a good and substantial cause justifying a trial may bar a plaintiff’s motion for summary judgment on his complaint or may preclude the court from ordering execution of the judgment pending the determination of the counterclaim. As a general thing, a claim predicated upon a good and substantial cause justifying trial is an insuperable objection to summary judgment where it is in excess of the amount demanded in the complaint....”

   1 later decision quote this exact passage
   e.g. Hendricks v. Interstate Homes, Inc.