Elbert v. Scott’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that a writ of error lies only where the proceedings are according to the course of the common law; and for this reason, that where the proceedings are summary and the matter of the jurisdiction compounded of law and fact is referred to the discretion of the particular tribunal, the Court of Error is not authorized to render the proper judgment.””

   1 later decision quote this exact passage · from the majority
   e.g. Thompson v. Thompson

2. ““* * * The manner of obtaining the review is determined not by the finality of an order, but by the character of the proceeding to be reviewed. If it be a summary, special statutory proceeding, such as is that under consideration here, then the remedy is certiorari and not a writ of error.””

   1 later decision quote this exact passage · from the majority
   e.g. Thompson v. Thompson

3. “all matters in error in the judgments and proceedings”

   1 later decision quote this exact passage · from the majority
   e.g. Trowell v. Diamond Supply Co.