Upjohn v. Moore’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. ““Our Code provides that ‘Any person may be made a defendant who has, or claims, an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the questions involved.’ This is a very comprehensive provision, and was meant to confer authority to settle in one suit all conflicting claims to property involved in the litigation. The rule is a wise and salutary one, for it enables the court to fully adjust all equities, to determine and protect all rights, and to put an end to litigation concerning the subject-matter of the suit by one decree. Multiplicity of actions is thus prevented, full force and effect secured to judicial decrees, and judicial sales made operative and effective. It has long been the law of this state that conflicting claims of title may he settled, and questions of priority determined, in foreclosure suits, whenever the proper issues are ' tendered. * * Prior to the adoption of the Code system there was some reason for holding that the question of title could not be adjudicated in a foreclosure proceeding; for questions of title were triable only by courts of law, while the question of a right to a foreclosure was cognizable only by courts of chancery, and there was thus a conflict of jurisdiction whenever a legal title was asserted. This cannot happen under the Code, where both law and equity jurisdiction are vested .in one tribunal, where provision is made for bringing into court all parties”

   1 later decision quote this exact passage
   e.g. Amoskeag Savings Bank v. Eppler

2. ““A court of equity is not an appropriate tribunal nor is a foreclosure suit a suitable proceeding, for the trial of claims to the legal title which are hostile and paramount to the interests and rights and titles of both mortgagor and mortgagee.” Upjohn v. Moore (Wyo.) 16 P.2d 40, 41 , 85 A. L. R. 1066.”

   1 later decision quote this exact passage
   e.g. Amoskeag Savings Bank v. Eppler

3. ““Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or. who is a necessary party to a complete determination or settlement of the question involved therein.””

   1 later decision quote this exact passage
   e.g. Amoskeag Savings Bank v. Eppler