Herbert v. Wagg’s Empirical Analysis

Citation profile

54 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““One who purchases land with knowledge of such facts as would put a prudent man upon inquiry, which, if prosecuted with ordinary diligence, would lead to actual notice of rights claimed adversely to his vendor, is guilty of bad faith if he neglects to make such inquiry, and is chargeable with the ‘actual notice’ he would have received.””

   2 later decisions quote this exact passage
   e.g. Burton v. Compton · Swan v. O'Bar

2. ““The general rule is that when the law gives several means of redress or kinds of relief, predicated on conflicting theories, the election of one of them operates as a! bar to the subsequent adoption of others.””

   2 later decisions quote this exact passage
   e.g. Invader Oil Corp. v. Commerce Trust Co. · First Trust & Savings Bank of Chicago v. Bloodworth

3. “A complaint cannot be made elastic so as to bend to the changing views of counsel as the cause proceeds. It must proceed to the end upon the theory upon which it is constructed.”

   1 later decision quote this exact passage
   e.g. Altman v. Schuneman