McConnel v. Swailes’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““What is the object of this requirement and what its meaning and intention? Manifestly, to secure the opposite party in his debt and costs in case the judgment shall not be reversed; in case he shall be in the circuit court the successful party. By a dismissal of the appeal, either by the court, or by the act of the appellant himself, the appellee is the successful party; he has not lost what he gained before the magistrate. He is placed in the same situation he occupied before the appeal was taken; and we see no propriety in attributing to such a judgment of dismissal less efficacy than to a more formal and technical one of affirmance.” (Italics ours.) (p. 572.)”

   1 later decision quote this exact passage · from the majority
   e.g. Tackett v. United States Fidelity & Guaranty Co.

2. ““This court does not entertain a doubt but that the dismissal of an appeal or certiorari is equivalent to a regular technical affirmance of the judgment so as to entitle the party to claim a forfeiture of the bond and have his action therefor.” - (McConnell v. Swailes, 3 Ill. 571, 572 .)”

   1 later decision quote this exact passage · from the majority
   e.g. Tackett v. United States Fidelity & Guaranty Co.