Hoke v. Lowe’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ The subject-matter of the former suit was the alleged indebtedness of Lowe to Deering & Co. for the machine here in question, and how an adjudication that there was none from Lowe to Deering & Go. for it could determine that there was none to Hoke, passes our understanding. It was not denied in that case that Lowe bought the machine and was indebted for tbe price to somebody, bnt tbe question, and the only question was, to whom. Deering & Co. claimed it was to them. Lowe claimed it was not to them because it was to Hoke, and now claims, because tbe jury found it was not to Deering & Co. that sucb finding and tbe judgment thereon conclusively proved that it was not to Hoke. It may be presumed that tbis idea would not bave occurred to court or counsel but for tbe fact that Hoke himself testified to bis opinion that Lowe owed bim nothing; and yet it is clear that a verdict and judgment for tbe defendant would bave bad tbe same legal effect as an adjudication, if Hoke bad not testified at all. Had bis statement been an admission of fact it would have been entitled to great weight as against bim; but being mere matter of opinion, it was entitled to none.””

   1 later decision quote this exact passage · from the majority
   e.g. Skavdale v. Moyer