Johnson v. West’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Unlawful detainer is a remedy provided by statute for tbe benefit of landlords against tenants wbo bold over after tbe expiration of tbeir terms. It is founded upon tbe breach of a contract implied by law, if not expressed, that tbe tenant shall restore a permissive possession to tbe bands from which it was received.””

   2 later decisions quote this exact passage
   e.g. McCauley v. Hazlewood · Showalter v. Ryles

2. ““But a forcible entry and detainer is a tort, pure and simple. Force is the gist of the action. It is a remedy designed to protect the actual possession, whether rightful-or wrongful.- It must accordingly be shown that the defendant did enter without the consent of the person having the possession in fact of the premises, and that such original entry or subsequent holding of possession was with force and strong hand. Constructive possession or evidence that the plaintiff is entitled to possession is not sufficient. And implied force, as when the defendant enters peaceably though unlawfully, is not sufficient. * * * Furthermore, the plaintiff cannot maintain this action upon a scrambling possession, as we decided in Anderson v. Mills, 40 Ark 192 .””

   1 later decision quote this exact passage
   e.g. Vickery v. Scott

3. ““There was no evidence of force used by the defendants beyond that which is requisite to constitute an ordinary trespass. They entered upon uninclosed lands, not occupied at the time by any person. It was done quietly and not tumultuously. No weapons, threats or intimidation were resorted to. . And the subsequent taking possession of a vacant house was unaccompanied ‘by such words and actions as have a natural tendency to excite fear or apprehension of danger/ Nor does the refusal of the defendants to get out of the house, unless put out by law, make them guilty of a forcible detainer.””

   1 later decision quote this exact passage
   e.g. Vickery v. Scott