Ferran v. Trujillo’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * and the court having examined the records and files herein and having heard the arguments of counsel on the matter of the second and further defense of the contestee, and having considered all of said matters and arguments and being sufficiently advised in the premises doth find that the notice of contest in this case fails to- state grounds of contest as required by our Statutes, and that the said second and further defense of the contestee should be sustained. “Said matter then being considered on the affirmative legal defenses set up in the second and further answer of the contestee, and the Court having announced his decision that the said second and further defense is well founded in law and should be sustained for the reason that the notice of contest does not specify sufficient facts upon which to base a contest proceeding in New Mexico. “It is therefore ordered that the notice of contest be and the same is hereby dismissed. * * * ”.”

   1 later decision quote this exact passage
   e.g. Leslie v. Moore

2. ““Under our method of contesting elections, the notice of contest takes the place of a complaint in an ordinary suit. Therefore it must contain a plain statement of the claim showing that the pleader is entitled to relief. See 1941 Comp. 19-101(8) [now § 21-1-1(8)]. The compiler’s note says that par. (a) of the rule and Rule 10(a), (c), are deemed to supersede secs. 105-404, 105-501, 105-511, 105— 525, Comp.Stat.1929, a portion of which follows: 'Second. A statement of the facts constituting the cause of action, in ordinary and concise language.’ “While the form of the rule has been changed, we do not understand that the necessity for pleading with particularity the facts upon which the claim or conclusion of the pleader is based, so as to give notice of what the adverse party may expect to meet, has been dispensed with.””

   1 later decision quote this exact passage
   e.g. Heth v. Armijo

3. ““The notice shall specify the grounds upon which the claim of the contestant is based, and if he claims that illegal votes have been cast or counted for the contestee, he must specify the name of each person whose vote was so illegally cast or counted, the precinct where he voted and the facts showing such illegality.””

   1 later decision quote this exact passage
   e.g. Heth v. Armijo