5 E.H. Smith 60 - Rowell v. . Janvrin’s Empirical Analysis

Citation profile

1 district · 52 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In stating a cause of action arising upon a statute, it is an ancient rule that, where an exception is incorporated in the body of the clause of a statute, he who pleads the clause ought to plead the exception. But where there is a clause for the benefit of the pleader, and afterward follows a proviso which is against him, he may plead the clause and leave it to his adversary to show the proviso. Jones v. Axen, 1 Ld. Raym. 120. This rule of pleading has been followed and applied in a great variety of cases arising under statutes and contracts to this day”— citing cases.”

   1 later decision quote this exact passage
   e.g. Red Rover Copper Co. v. Hillis

2. ““An exception exempts something absolutely from the operation of a statute by express words in the enacting clause; a proviso defeats its operation conditionally. An exception takes out of the statute something that otherwise would be part of the subject matter of it; a proviso avoids them by way of defeasance or excuse.””

   1 later decision quote this exact passage
   e.g. Pabst Brewing Co. v. City of Milwaukee