Williams v. Dickenson’s Empirical Analysis

Citation profile

1 federal appellate · 26 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This plea seeks to invoke the doctrine held in the English courts—that where a private individual has been damaged in person or property by the tortious act of another, which act amounts to a felony, the matter should be disposed of before the proper criminal tribunal, in- order that the justice of the country may be first satisfied in respect to the public offense, before the injured individual can seek civil redress for the private wrong inflicted upon him; the redress of the private wrong being postponed until after the public justice is satisfied. Two reasons for this rule are assigned in England: First. The party injured is relied upon to take the place of public prosecutor. In some eases he has even been required to employ counsel to prosecute on-behalf of the crown, and his interest in the accomplishment of public justice is kept alive by postponing the redress of his private grievance. And second, in cases of felony, there was a forfeiture to the crown of the- felon’s-property, and the private individual was not allowed to acquire priority over the crown in satisfaction of his demands upon the property of the felon. But in this country this doctrine of the suspension of the civil remedy in cases of felony has been repudiated by the great weight of the American authorities. Under the system of laws prevailing in the United States the reasons for this rule are entirely absent. Here we have a public officer whose duty it is to prosecute all offenders against the state w”

   1 later decision quote this exact passage
   e.g. Pioneer Mining Co. v. Tyberg

2. ““That the cause of action set forth in plaintiff’s declaration is a tort which amounts to a felony, and the defendant has been indicted therefor in the circuit court of Jackson county, and said indictment is still pending and no trial has been had thereof; wherefore defendant prays that said suit be abated.””

   1 later decision quote this exact passage
   e.g. Pioneer Mining Co. v. Tyberg

3. “under this statute a large discretion has, necessarily, to be reposed in the trial judge, who has the witness before him, and is in a position to determine from his manner of testifying whether as a witness he stands indifferent or adverse to the party producing him.”

   1 later decision quote this exact passage
   e.g. Johnson v. State