Clark v. . Rowling’s Empirical Analysis

Citation profile

1 federal appellate · 4 district · 25 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is true, that the notes as evidence of an indebtedness were merged in the judgment; which being greater security, operated to extinguish the lesser; but does it therefore follow, that the judgment to all intents became a new debt, and that the merger or extinguishment of the notes was so complete, as that for the purpose of protecting the defendants in an equity connected with their original indebtedness, we may not look behind the judgment and see upon what it was founded? A judgment, instead of being regarded strictly as a new debt, is sometimes held to be merely the old debt in a new form, so as to prevent a technical merger from working injustice.”

   1 later decision quote this exact passage
   e.g. 965 F. Supp. 481 - Orix Credit Alliance, Inc. v. Horten

2. ““And the court held that, although the original undertaking of the defendant was so merged in the judgment that no suit could be maintained upon it, yet that it was proper to inquire into the time and circumstances, of the contract upon which the first judgment was founded, for the purpose of taking the case out of the operation of the defendant’s discharge.””

   1 later decision quote this exact passage
   e.g. Bacon v. Reich