Turner v. Haynes’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. “(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his representative capacity without joining with him the party for whose benefit the action is brought. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.”

   2 later decisions quote this exact passage
   e.g. RIVERBEND UTILITIES, INC. v. Brennan · 586 So. 2d 775 - Wirtz v. Switzer

2. “[The insurer] assigned its interest to [the insured] and waived the right to participate in this action. [Insurer] is looking entirely to [insured] for reimbursement in the event of a successful termination of the suit. Just as in [Peyton v. Pascagoula Drayage Co., 69 F.R.D. 19 (N.D.Miss.1975) ], “the carrier has assigned to the plaintiff whatever rights it may have by virtue of its subro-gation and has chosen, instead, to rely upon its contractual right against the plaintiff in the event of a recovery.” [Id. at 20.] This Court holds that [insurer] has ratified the action of [insured] and is no longer a real party in interest as contemplated by Mississippi Rule 17(a). Our holding is strengthened by the fact that [defendant] does not face a subsequent judgment from [insurer] for reimbursement of monies paid to [in sured]. Likewise, [defendant] has no defenses against [insurer] that it does not have against [insured]. It appears unnecessary to require [insurer] to participate, expend legal fees and time in a lawsuit in which it has only a contingent interest against [insured], not ... the defendant.””

   1 later decision quote this exact passage
   e.g. RIVERBEND UTILITIES, INC. v. Brennan

3. “The function of Rule 17 is to protect litigants from harassment and multiple suits by persons who would not be bound by the principles of res judicata and to enable the defendant to present his defenses against the proper persons and to proceed to finality of judgment.”

   1 later decision quote this exact passage
   e.g. 586 So. 2d 775 - Wirtz v. Switzer