Fisher v. . Hall’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 35 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As tenants in common, representing less than the aggregate common interests in the estate, the plaintiffs probably would have been unable to have maintained a joint action, if that objection had been taken in time. . . . But as the facts of the case were fully stated in the complaint, showing that the plaintiffs did not represent all the common interests in the estate, if any objection was intended to be taken to their right to maintain the action on the account, it should have been presented at that time. By answering and taking issue on the case alleged, this objection was waived, and it became the duty of the court to try and determine the issue as it had been joined by the pleadings. If any objection existed to the form in which the action was brought, it was that the complaint contained several causes of action which had been improperly united, and that should have been raised by demurrer. As it was not, it toas waived, within the express language of section lj.8 of the code. The judgment should be affirmed with costs.””

   1 later decision quote this exact passage
   e.g. Hurd v. Simpson

2. ““The testator attempted to create a mere passive trust, which the laws of this 'state did not at that time allow to be done. The property therefore became vested, under the statute, in the son of the testator and his children, as tenants in common.””

   1 later decision quote this exact passage
   e.g. In re O'Reilly's Estate