Ayer v. Ashmead’s Empirical Analysis

Citation profile

1 district · 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true, undoubtedly, that for a joint trespass they may all be sued jointly, or separate suits may be brought against each, because trespasses committed by several, while they are in fact the joint acts of all, are also the separate acts of each individually, each being liable in law for whatever was done by all or any of them; and if suits are separately brought against each they may all be pursued to final judgment, and the plaintiff may elect which of the separate judgments he will enforce and collect. But, having received the damages recovered against any one, and his costs against all, he must be content with that, as otherwise he would receive more than one satisfaction for his injury.””

   1 later decision quote this exact passage
   e.g. Kirkland v. Ensign-Bickford Co.

2. “it is . . . settled law that a release, discharge or satisfaction of one or more of several joint trespassers is a discharge of them all, in the same manner that a discharge of one of several joint debtors, or a payment and satisfaction of the joint debt by one, is a satisfaction as to all, since a party injured by a trespass committed by several can have but one satisfaction for his injury, no more than one who has a debt against several can be entitled to be more than once paid.”

   1 later decision quote this exact passage
   e.g. Heise v. Rosow, No. Cv 97 485030 (May 10, 1999)