McElvain v. Bradshaw’s Empirical Analysis

Citation profile

1 federal appellate · 8 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. ““The reasons. given by tbe petitioner for not tendering the bill within the time allowed are, briefly, (1) his alleged inability to obtain from the stenogra- ' pher a copy of the official report of the trial from which to prepare it, and (2) a mistaken belief that sixty days had been allowed for that purpose, neither of which is sufficient to support the proceeding. The first, no doubt, would ' have been considered a ground for granting an extension of time, if a proper application had been made therefor; and the second was an error of counsel, •which, under the circumstances, would have justified the trial judge in ex- fusing the default, but it is not sufficient to authorize us to compel him to do so.””

   1 later decision quote this exact passage
   e.g. Dalton v. Gunnison

2. ““It is well settled that mandamus lies in a proper case to compel a trial judge to settle and sign a bill of exceptions, but not to direct him what to put in such bill where there is any controversy as to what it should contain: [citing authorities].””

   1 later decision quote this exact passage
   e.g. State Ex Rel. Coast Holding Co. v. Ekwall

3. ““But whether the bill shall be settled and allowed after the time limited is a matter within the sound judicial discretion of the trial judge, the exercise of which cannot be controlled by’ mandamus. ’ ’”

   1 later decision quote this exact passage
   e.g. West v. McDonald