Battle v. Battjes’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The election may be máde in the bill of complaint or by later application, and, when made, fixes the' equity jurisdiction over the legal cause of action. If -the mortgagee prays for deficiency decree in his bill of foreclosure, he makes a binding election, which surrenders his legal cause of action on the debt to the court of equity, subjects it to equitable considerations and prohibits his maintaining an action at law on the debt (even though he makes no subsequent application for personal decree) until and unless the court shall refuse to take jurisdiction over the deficiency.””

   1 later decision quote this exact passage
   e.g. Battle v. Battjes

2. ““Want of personal service may afford a reason for the court refusing the jurisdiction, on its own motion or on application of the mortgagee, but neither statute nor the cases, nor .their reasoning indicate a right in the mortgagee to withdraw his election, once made, merely .because at any time prior to closing the case, personal decree against the mortgagor cannot be entered, nor, indeed,, for any other reason.””

   1 later decision quote this exact passage
   e.g. Battle v. Battjes