Roll v. Murray’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It will be seen that an appeal can be taken only from a ‘final judgment,’ and the appeal can be taken only after the ‘judgment’ has been rendered, and only within ten days after the ‘judgment’ has been rendered, and the amount of the appeal bond must not in any case be ‘less than double the amount of the judgment and ■ costs.’ And when the case is taken to the district court on appeal, it ‘shall be tried de novo in the district court upon the original papers on which the case was tried before the justice, unless the appellate court, in furtherance of justice, allow amended pleadings to be made or new pleadings to be filed.’ (Justice's Code, No. 122.) There is no provision in the statutes for taking an appeal from the order of a justice of the peace in any provisional remedy or in any ancillary proceeding, and no provision anywhere for retrying in the district court upon an appeal from a justice of the peace, any question that pertains only to some jjrovisional remedy or to some ancillary proceeding. The appeal is from a final judgment only, and from a judgment on the merits only, and the trial afterward to be had on the appeal is only upon the merits.””

   1 later decision quote this exact passage · from the majority
   e.g. Maggert v. Keele

2. “Un all cases, not otherwise specially provided for by law, either party may appeal from the final judgment of any justice of the peace to the district court of the county where the judgment was rendered.””

   1 later decision quote this exact passage · from the majority
   e.g. Maggert v. Keele