Schlattman v. Stone’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The common law of England as modified by judicial decisions, so far as the same is of a general nature and not inap plicable, and all declaratory or remedial acts or statutes made in aid of, or to supply the defects of the common law prior to the fourth year of James the First (excepting the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth and ninth chapter of thirty-seventh Henry Eighth) and which are of a general nature and not local to England, shall be the rule of decision in this state when not inconsistent with the laws thereof, and shall be considered as of full force, until repealed by legislative authority.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Snell v. Ruppert

2. “Inasmuch as our statutes deal with the subject extensively and provide a remedy which the legislature apparently considered sufficient, it is difficult to argue from a commonsense point of view, that statutes have not superseded and abrogated the common law. As stated in In re Roberts' Estate, 4[58] Wyo. 438, 133 P.2d 492, 500 [(1943)], if a statute covers the whole subject matter, the abrogation of the common law on the same subject will necessarily be implied.”

   1 later decision quote this exact passage
   e.g. 117 Wash. 2d 1 - Klein v. Pyrodyne Corporation