5 Smith & H. 463 - Mann v. Smith’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is nothing in the bill to show that the account for board and lodging was in any way involved in the former litigation, and if it had been pleaded it must have been by answer or by cross-bill as an affirmative defense, in the nature of set-off. It was optional with the defendant in the former suit to present such claim as a set-off or to reserve it for a separate and independent suit. Holland v. Forcum-James Cooperage and Lbr. Co., 154 Tenn. 174 , 285 S. W. 569 . “Taking this view of the bill, we are of opinion that the defense of res adjudicata, asserted in the third ground of the demurrer, is not well taken.””

   1 later decision quote this exact passage · from the majority
   e.g. 32 Tenn. App. 108 - French v. French

2. “* * * is likewise limited in its discussion and statement of principles to claims of the defendant against the plaintiff which “are properly the subject of set-off, and which are, in fact, pleaded as a set-off in that action. ’ ’ 158 Tenn. at 468-469 , 14 S.W.2d at 724 .”

   1 later decision quote this exact passage · from the majority
   e.g. Lovejoy v. Ahearn