Stewart v. Avery’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The casting of defendants with costs in a signed judgment does not operate to relieve the plaintiff from his primary liability to the Clerk of Court for accrued cost. The effect is only to place the ultimate liability upon the party cast, and to allow plaintiff to obtain reimbursement for his cost by execution of his judgment. "This result is essential. The Clerk must have the right to hold plaintiff, even after judgment assessing costs has been rendered, in order to provide maximum assurance that the court costs will be paid. There is always the very real possibility a defendant judgment debtor cast for cost will be insolvent or reluctant to pay (as was the case here). These are risks which must be assumed by the party provoking the lawsuit, and not by the Clerk. "Further, the right to collect the costs under the terms of the judgment belong to the party in whose favor it was rendered."”

   1 later decision quote this exact passage
   e.g. 361 So. 2d 292 - BOARD OF TRUSTEES, ETC. v. All Taxpayers

2. “The clerk of court may demand security for costs at the time the suit is filed.”

   1 later decision quote this exact passage
   e.g. 361 So. 2d 292 - BOARD OF TRUSTEES, ETC. v. All Taxpayers