Ex parte Spence’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In equity, a party is not entitled, as of right, to a jury to decide the issues of fact unless it is so provided by statute or constitution. In the absence of such a provision of the power and duty to determine finally all questions of fact and law devolve upon the court. Curb v. Grantham, 212 Ala. 395 , 102 So. 619 ; 30 C.J.S., Equity, p. 892, § 495. “Under such a status the court may submit an issue of fact to the jury for decision, but the verdict is advisory merely and for the purpose of ‘enlightening the conscience of the chancellor,’ which he, in his discretion, may reject. Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co. et al., 199 Ala. 391, 403 , 74 So. 441, 446 ; Hill v. Lindsey, 223 Ala. 550 , 137 So. 395 ; Tusca loosa v. Shamblin, 233 Ala. 6 , 169 So. 234 ; Wilbourne v. Mann, 203 Ala. 26 , 81 So. 816 ; 53 Am.Jur. 781, § 1124; 19 Am.Jur. 272, § 398, 277, § 404.””

   1 later decision quote this exact passage
   e.g. Cumens v. Garrett

2. ““Such actions, when brought in the circuit court or court of like jurisdiction, shall be commenced by summons and complaint, and when before justice of the peace, by summons. The complaint, or, when brought before justice of the peace, the statement indorsed on the summons, shall contain a description of the property on which the lien is claimed, and shall allege the facts necessary to entitle the plaintiff to the lien and the enforcement thereof; in all other respects, the pleadings, practice, and proceedings shall be the same as in ordinary civil actions at law.” (emphasis added).”

   1 later decision quote this exact passage
   e.g. Cumens v. Garrett

3. ““We will not undertake to give a detailed account of the history of our mechanic’s lien law. Suffice it to say that a careful study of the history of such legislation convinces us that the Legislature by simply conferring on courts of equity the authority to handle mechanic’s lien suits did not intend that the rules of pleading, practice and procedure in the law courts should prevail on the equity side.””

   1 later decision quote this exact passage
   e.g. Cumens v. Garrett